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MICHIGAN  AS  A  TERRITORY 

FROM  ITS  INCORPORATION  AS  PART  OF  THE  NORTHWEST 
TERRITORY  TO  ITS  ORGANIZATION  AS  A  STATE 

BY 

Byron  M.  Cutcheon 


>^^ 


MICHIGAN 

As  a  Province,  Territory 
and  State,  the  Twenty-Sixth 
Member  of  the  Federal  Union 


BY 

HENRY  M.  UTLEY     BYRON  M.  CUTCHEON 

'/  Advisory  Editor 

CLARENCE  M.  BURTON 

VOLUME    TWO 
Si  qnceris  peninsidam  amcenavi  circumspice 


The  Publishing  Society  of  Michigan 

1906 


Printed  at  Americana  Press 
for  The  Publishing  Society  of  Michigan 


Copyright,  1906,  by  Frank  R.  Holmes 


All  Rights  Reserved 


PUBLICATION  OFFICE 

36      EAST     23D      STREET 
NEW  YORK,  N.  Y.,  U.  S.  A. 


PREFACE 


THIS  History  of  "Michigan  as  a  Terri- 
tory''  makes  no  claim  to  any  new  discov- 
ery of  materials  of  history. 
It  is  a  compilation  of  material  derived 
from  many  sources,  but  never  before 
brought  together  in  its  present  form.  The  sources 
have  been  to  a  large  extent  the  public  official  doc- 
uments of  the  state  and  nation,  which  are  open  to 
all.  As  the  territory  was  at  all  times  subject  to 
Federal  legislation,  careful  search  has  been  made 
throughout  the  "Annals  of  Congress"  and  the  "Debates 
of  Congress"  covering  the  territorial  period,  to  collate 
such  legislation  as  seemed  to  directly  affect  the  territory. 
The  "American  State  Papers"  have  also  been  freely 
drawn  upon  for  treaties — especially  treaties  with  the  In- 
dians. 

The  first  period,  from  1783  to  1796,  is  emphatically 
a  period  of  Treaties  and  Ordinances,  connected  with  the 
great  northwest,  out  of  which  Michigan  was  carved. 

The  references  appended  to  the  text  will  show  what 
sources  have  been  drawn  upon,  but  the  writer  would  here 
acknowledge  his  indebtedness  to  "The  Old  Northwest," 
by  Professor  A.  B.  Hinsdale,  L.  L.  D.,  formerly  of  the 
University  of  Michigan;  "The  Northwest  Under  Three 
Flags"  by  Charles  Moore,  Ph.  D.,  of  Detroit;  "Ohio, 
The  First  Fruits  of  the  Ordinance  of  1787"  by  Rufus 
King,  in  the  American  Commonwealth  series :  "Thfe 
Diaries  and  Correspondence  of  Manasseh  Cutler"; 
"The  Legislative  History  of  the  Ordinance  of  1787," 
by  John  M.  Merriam,  A.  M.,  of  the  American  Anti- 

7 


8     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

quarlan  Society;  and  the  "Ordinance  of  1787"  by  Wil- 
liam F.  Poole,  L.  L.  D.,  formerly  Librarian  of  the  New- 
berry Library  of  Chicago,  and  the  official  documents  be- 
fore referred  to. 

For  much  of  the  material  relative  to  conditions  and 
events  near  the  close  of  the  eighteen  century,  the  com- 
piler acknowledges  his  indebtedness  to  a  collection  of 
documents  published  in  connection  with  the  "Centennial 
Celebration  of  the  Evacuation  of  Detroit,"  1896,  and 
other  monographs  on  Detroit,  in  the  Detroit  Public  Li- 
brary. For  the  war  period,  18 12-18 15,  the  compiler 
has  drawn  from  Hildreth's  History  of  the  United 
States,  Lossing's  "Field  Book  of  the  War  of  18 12," 
McLaughlin's  "Life  of  Lewis  Cass,"  Jackson's  "Life 
of  William  H.  Harrison,"  Drake's  "Life  of  Tecumseh 
and  his  Brother,"  The  Life  of  General  William  Hull, 
"Hull's  Defense  Before  the  Court  Martial,"  and  num- 
erous other  works  on  that  period. 

The  history  of  the  Boundary  Dispute  with  Ohio,  and 
the  Battle  for  Admission  to  the  Union  has  been  drawn 
almost  wholly  from  public  documents  in  the  Congres- 
sional Library  at  Washington,  and  the  State  Library  at 
Lansing,  Michigan,  especially  the  Debates  of  Congress 
and  "The  Appeal  of  the  Convention."  The  Histories 
of  Judge  Campbell  and  of  Justice  Cooley  have  been 
carefully  examined  and  collated,  but  not  drawn  upon  for 
materials  except  as  indicated  by  quotation  in  the  text. 

The  nature  of  the  materials  dealt  with  was  not  such 
as  to  lend  itself  readily  to  thrilling  narrative  or  literary 
elegance;  and  the  purpose  has  been  to  bring  together 


MICHIGAN  AS  A  TERRITORY  9 

facts,  rather  than  tO'  produce  literature.  High  lights 
and  brilliant  colors  have  been  avoided.  At  the  same 
time  it  is  hoped  that  a  truthful  and  readable  story  has 
been  produced,  correctly  reflecting  the  life  of  the  terri- 
torial period  of  Michigan. 

In  conclusion,  the  compiler  desires  to  express  his  sense 
of  obligation  toi  Henry  M.  Utley,  Librarian  of  the  Pub- 
lic Library  of  Detroit,  to  Raymond  C.  Davis,  A.  M. 
Librarian  of  the  University  of  Michigan,  Mary  C. 
Spencer,  Librarian  of  the  Michigan  State  Library,  and 
to  S.  H.  Ranck,  Librarian  of  the  Ryerson  Public  Li- 
brary of  Grand  Rapids,  for  courtesies  and  favors  ex- 
tended; and  last  but  not  least  to  Clarence  M.  Burton, 
President  of  thie  Michigan  Pioneer  and  Historical  So- 
ciety, for  the  free  use  of  his  unrivalled  collection  of 
Michigania. 

While  this  second,  or  territorial  epoch,  is  perhaps  less 
romantic  than  the  first  period  of  discovery,  exploration, 
exploitation  and  colonization,  yet  it  will  be  found  re- 
plete with  situations  of  dramatic  character  and  thrilling 
interest.  The  thirteen  years'  struggle  of  the  English  to 
hold  on  to  the  Northwest  Posts,  in  spite  of  treaty  stipu- 
lations; the  pathetic  story  of  the  Moravian  Indians  of 
Michigan;  the  machinations  of  Brant  and  Tecumseh  to 
hold  the  ancient  hunting  grounds  of  their  tribes  and  to 
form  a  great  Indian  federation ;  thfe  massacre  of  French- 
town  ;  the  surrender  of  Detroit ;  the  gradual  growth  of 
popular  government;  the  long  and  bitter  dispute  with 
Ohio  over  the  interstate  boundary;  the  "Toledo  War" 
and  the  long,  strenuous  and  finally  triumphant  struggle 


lO   MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

for  admission  without  an  enabling  act  of  Congress,  all 
fall  within  the  period,  and  furnish  abundant  interest  to 
the  narrative. 

Nowhere  in  the  world  are  there  such  splendid  exam- 
ples of  primitive  peoples,  scattered  in  the  wilderness  al- 
most beyond  the  reach  of  law  or  authority,  organizing 
themselves  into  orderly,  progressive,  self-governing 
communities,  as  in  the  United  States  of  America;  and 
nowhere  in  America  can  be  found  a  more  interesting  and 
instructive  example  than  that  of  Michigan. 

Byron  M.  Cutcheon. 


SYNOPSIS  OF  CHAPTERS 


CHAPTER  I 

THE  TREATY  OF  PEACE  OF  1783 31-45 

National  Boundary  of  the  Northwest — A  backward  glance 
— Conquests  of  George  Roger  Clark — Vincennes,  Kas- 
kaskia  and  Cahokia  surrendered  to  Americans — Spain 
Seeking  to  Control  the  Mississippi  Valley — American 
Peace  Commissioners  at  Paris — Rockingham  Cabinet — 
Vergennes  Circumvented  by  American  Commissioners — 
Spain  Disappointment — Ratification  of  the  Definitive 
Treaty. 

CHAPTER  II 

CESSIONS   OF    THE  WESTERN    LANDS    TO    THE 

UNITED  STATES  47-6o 

Michigan's  Population  at  time  of  the  signing  the  Treaty 
of  Peace — Indian  Tribes — Three  Distinct  claims  of  Land 
Titles — Virginia,  New  York,  Connecticut,  and  Massachu- 
setts claim  Michigan  Territory — Maryland  demands  that 
Congress  shall  fix  the  Western  limits  of  those  States — Vir- 
ginia Opposition — New  York  to  first  to  execute  deed  of 
Cession — Other  States  also  make  Cessions — Treaty  at  Fort 
Stanwix  and  Fort  Mcintosh — St.  Clair  makes  Treaty 
with  Indians  at  Fort  Harman — Michigan  an  Integral  part 
of  the  Northwest  Territory. 

CHAPTER  III 

THE  ORDINANCES  OF  1784  AND  1785 61-71 

Articles  of  Confederation  Ratified — Resolutions  of  Con- 
gress regarding  Unappropriated  Lands — The  Ordinance  of 
178.4 — Jeflferson's  Proposed  Names  for  the  Territories — 
His  Anti-Slavery  Plank — Congress  passes  the  "Jeffer- 
son's Ordinance" — This  becomes  the  First  Constitution  of 
the  Territory  of  Michigan — Three  Provisions  of  the  Ordi- 
nance of  1785. 

CHAPTER  IV 

ORDINANCE  OF  1787  73-82 

Its  Authorship — Government  Provided  for  the  Northwest 
Territory — Bancroft  calls  it  "the  Great  Ordinance — Con- 
gressional Vote  on  the  Passage  of  the  Ordinance — ^The  Six 
Great  Articles — Its  Effect  upon  the  Future  of  the  Country. 

13 


14    MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

CHAPTER  V 

FIRST  EUROPEAN  SETTLEMENTS  IN  MICHIGAN.  .83-95 

Earliest  Settlements — French  at  Saulte  Ste.  Marie  and 
Michilimackinac — Major  Robert  Rogers — British  Troops 
still  garrisoned  Army  Posts — Tupper  and  Parsons  tour  of 
the  Ohio  Valley — Formation  of  the  Ohio  Company  of  As- 
sociates— Manasseh  Cutler  and  others  Purchase  of  Lands 
— Genesis  of  Civil  Government — Rufus  King  on  Indian 
Treaties.  1 

CHAPTER  VI 


THE  HARMAR  ST.  CLAIR  AND  WAYNE  CAMPAIGNS,  97-109 

Washington's  Policy  of  Maintaining  Peace  with  the  In- 
dians—Expedition Organized  under  General  Harmar — 
Its  Departure  from  Fort  Washington — Indians  Ambus- 
cade the  Army — St.  Clair  placed  in  Command  of  another 
Expedition — Disastrous  defeat  inflicted  by  Warriors  un- 
der Little  Turtle — Appointment  of  Peace  Commissioners — 
Council  of  Indian  Confederacy  at  Grand  Glaize — General 
Wayne  in  command  of  American  Army — Fort  Recovery 
built — Battle  of  Fallen  Timbers — British  Troops  Partic- 
ipate in  battle — Definite  time  agreed  upon  for  Surrender 
of  Posts  Occupied  by  British  Troops  to  the  American 
Government. 


CHAPTER  VII 


THE  TREATY  OF  GREENVILLE  111-121 

Termination  of  Indian  Warfare — Fallen  Timbers  a  Michi- 
gan battle — Meeting  of  Wayne  and  Indian  Chiefs  at 
Greenville — Wayne's  Address — Gifts  to  the  Indians — Ex- 
tracts from  the  Treaty — Wayne  receives  a  copy  of  the 
"Jay's  Treaty" — .Article  where  the  Britiish  Govern- 
ment were  to  withdraw  troops  read  to  the  Indians — This 
influenced  all  of  the  Indian  Chiefs  to  sign  the  Treaty  of 
Greenville — Congress  Opposed  to  Jay's  Treaty — Laws 
passed  to  carry  the  Treaty  into  effect — United  States 
troops  take  possession  of  Detroit — Anthony  Wayne  a  ben- 
efactor of  Michigan. 


MICHIGAN  AS  A  TERRITORY  I  5 

CHAPTER  VIII 

THE  FIRST  GREAT  "LAND  GRABS" 123-134 

First  Great  Land  "Deal" — Dr.  Robert  Randall's  combine 
to  purchase  United  States  Lands — First  Election  held — 
Formation  of  Wayne  County — First  General  Assembly 
of  the  Northwest  Territory — William  Henry  Harrison 
elected  delegate  to  Congress — Isaac  Weld  and  O.  M.  Spen- 
cer Descriptions  of  Detroit. 

CHAPTER  IX 


ORGANIZATION  OF  MICHIGAN  TERRITORY 135-145 

Agitation  for  Division  of  Territory — Harrison  Appointed 

Secretary Indiana  Territory  Organized — Ohio  becomes 

a  State — St.  Clair  as  Governor  of  Northwest  Territory — 
Article  V  of  the  Compact  contained  in  Ordinance  of  1787 
— Territory  of  Michigan  Organized — William  Hull  be- 
comes its  First  Governor — Legislative  power  invested  in 
Governor  and  three  Judges — Sketch  of  Governor  Hull — 
First  Territorial  Officials. 


CHAPTER  X 


1800  TO  1812  147-158 

Michigan  as  a  part  of  Indiana  Territory — School  Lands — 
Detroit's  Great  Fire — Civil  Government  of  Michigan  put 
in  Operation — Congress  pass  an  act  to  adjust  Land  Titles 
in  Detroit — Detroit  Incorporated — "Woodward  Code" — 
Woodward's  Plan  of  Detroit — Detroit  in  1812 — Fear  of  In- 
dian War — Governor  Hull  Instructed  to  Negotiate  In- 
dian Treaty — Treaty  of  Brownstown — Indian  Land  Titles 
Extinguished. 


CHAPTER  XI 


A  STATIONARY  PERIOD   iS9-i70 

Want  of  Roads  Retard  Settlement — Water  Routes — Lack 
of  Water  Power — Reasons  why  Immigration  was  slow — 
Tecumseh  and  his  Prophet  brother  Elsquatawa — Their  hos- 


1 6        MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

tility  to  Treaty  made  by  Governor  Harrison  at  Fort 
Wayne — Fresh  War-like  Rumors — Governor  Harrison 
prepares  for  Indian  War — Troops  assembled  at  Fort 
Harrison — Harrison  Adopts  Wayne's  Tactics — Battle  of 
Tippecanoe — Total  Defeat  of  the  Indians — War  Declared 
Against  Great  Britain. 

CHAPTER  XII 

THE  BEGINNING  OF  THE  WAR 171-182 

Governor  Hull  called  to  Washington — His  Memorial  to 
the  Secretary  of  War  on  the  proposed  Invasion  of  Canada 
— Naval  force  superior  to  the  British  on  the  Lakes 
strongly  urged  by  Governor  Hull — Placed  in  command  of 
the  Northwestern  Army — Ohio  Assembles  troops  at 
Dayton — Lewis  Cass  in  Command  of  a  regiment — Hull's 
march  from  Urbana  to  Rapids  at  the  Maumee — Hull 
officially  informed  that  War  had  been  declared — Cuyahoga 
with  Hull's  Military  papers  captured  by  the  British — Hull's 
troops  occupy  Fort  Detroit — War  Department  Requires 
him  to  "Await  further  orders"  at  Detroit. 

CHAPTER  XIII 

GENERAL  HULL'S  CANADIAN  CAMPAIGN 183-196 

Hull  receives  orders  from  War  Department  to  "Com- 
mence Operations  immediately" — His  isolation — He  cross- 
es the  Detroit  River — Hull's  Strategic  Movements — He 
takes  possessions  of  Sandwich — Issues  a  proclamation  to 
the  Canadian  people — Fort  Maiden — Northwestern  Army 
reconnoitres  the  country  as  far  as  Turtle  Creek — The 
"Hero  of  Tarontee" — Surrender  of  Mackinac — British  re- 
inforce Fort  Maiden — Tecumseh's  Warriors  Cross  the  De- 
troit River — Council  of  War  held  by  American  Officers — 
Fort  Maiden  to  be  attacked — News  of  British  Reinforce- 
ments under  Sir  Isaac  Brock — The  Northwestern  Army 
returns  to  Detroit. 


CHAPTER  XIV 

THE  CAPITULATION    OF    GENERAL    HULL    AND 

SURRENDER  OF  DETROIT 197-208 

Battle  of  Maguaga — Colonel  Miller  and  his  Detachment 
recalled  to  Detroit — Arrival  of  Sir  Isaac  Brock  at  Maiden 
— Hull's  captured  Mail  laid  before  him — His  prompt  ac- 


MICHIGAN  AS  A  TERRITORY  1 7 

tion — Brock  Arrives  Before  Detroit — Demands  its  Im- 
mediate Surrender — Hull's  prompt  refusal — Detroit  Can- 
nonaded by  the  British — The  British  prepare  to  storm  the 
Fort — General  Hull  displays  White  Flag — Hull's  Motives 
for  the  Surrender — Michigan  in  the  Hands  of  the  British. 


CHAPTER  XV 

HARRISON'S    PREPARATIONS   TO    RECOVER   DE- 
TROIT   209-223 

Michigan  and  Ohio  Militia  paroled — General  Hull  and 
StaflF  held  as  prisoners  of  war — Provisional  Government 
established  over  Michigan — Colonel  Proctor  in  command 
— Colonel  Cass  Hastens  to  Washington  to  lay  charges 
Against  his  late  Commander — Court  Martial  Convened  at 
Albany — Hull  Found  Guilty — Pardoned  by  President  Mad- 
ison— General  Harrison  in  command  of  the  Northwestern 
Army — Winchester  sent  to  protect  the  River  Raisin  Set- 
tlement— Proctor  gives  him  Battle — Winchester's  force 
Practically  Annihilated — Terrible  Massacre  by  the  Indians 
— The  Bloodiest  Day  ever  Witnessed  on  Michigan  soil. 


CHAPTER  XVI 

CONCLUSION  OF  THE  WAR  OF  1812  225-239 

No  Further  Military  Operations  on  Michigan  Soil — Proc- 
tor's Unsuccessful  Seige  of  Fort  Meigs — Perry's  Victory 
on  Lake  Erie — His  Famous  Dispatch  to  General  Har- 
rison— Harrison's  Army  Reinforced — He  commences  his 
Invasion  of  Canada — Detroit  Retaken  by  the  Americans — 
Michigan  again  under  the  Stars  and  Stripes — Battle  of  the 
Thames — Death  of  Tecumseh — Colonel  Croghan's  unsuc- 
cessful Attempt  to  Regain   Possession  of  Mackinac. 


CHAPTER  XVII 

THE  TREATY  OF  GHENT— AFTER  THE  WAR 241-249 

The  Treaty  Ratified — Demands  of  the  British  Commission- 
ers— General  Cass  Appointed  Civil  Governor — Resigna- 
tion of  General  Harrison — Condition  of  Territory  at  Close 
of  the  War — Treaty  of  Spring  Wells — Treaty  of  Maumee 
Rapids — Treaty  of  Saginaw — Treaty  of  Chicago — Treaty  of 
Sault  Ste.  Marie. 
II-3 


1 8        MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

CHAPTER  XVIII 

MILITARY  BOUNTY  LANDS  LOCATED  IN  MICHI- 
GAN   251-262 

Repeal  of  the  Act — Reasons  for  the  Repeal — Surveyor 
General  of  Ohio  Report — Extracts  from  "Darby's  Tour" — 
Population  of  Detroit  in  1818 — Period  of  Depression  and 
Stagnation — Indiana  becomes  a  State — Admission  of  Il- 
linois as  a  State — The  balance  of  the  Northwestern  Terri- 
tory thus  became  Michigan  Territory — Congress  Extends 
Suffrage  to  the  Citizens  of  the  Territory — William  Wood- 
bridge  elected  Delegate — His  Successor  Solomon  Sibley. 

CHAPTER  XIX 

ADVANTAGES  FROM  THE  WAR  OF  1812  263-276 

Contruction  of  Passable  Roads — Steamboat  Navigation  of 
the  Lakes — The  Detroit  Gazette — Opening  of  the  Erie 
Canal — Monroe  and  Macomb  Counties  Organized — Rapid 
Organization  of  other  Counties — Cass  as  Governor — His 
Explorations  of  the  Upper  Lakes — Delegate  Sibley's  first 
Speech  in  Congress — Additional  land  office  Established — 
Powers  of  the  Supreme  Court — Territorial  Legislative 
Council — Gabriel  Richard  and  Austin  E.  Wing  as  Congres- 
sional Delegates — John  Biddle,  Lucius  Lyon  and  George 
W.  Jones,  represent  Michigan  Territory  in  Congress. 


CHAPTER  XX 


UNDER   GOVERNOR   CASS'   ADMINISTRATION. .  .277-290 

Freehold  property  qualification  for  Voting  Abolished — 
New  City  Charter  for  Detroit — General  John  R.  Williams 
Elected  Mayor — County  Officials  made  Elective — Mem- 
bers of  the  Territorial  Council  elected  by  the  people — 
Roads  needed  to  develope  the  Territory — Congress  makes 
Appropriations  for  "Territorial  roads" — New  Land  Office 
Located  at  Monroe — River  and  Harbor  Appropriation — 
New  Counties  Organized — Beginning  of  the  Boundary 
Controversy  with  Ohio. 


MICHIGAN  AS  A  TERRITORY  1 9 

CHAPTER  XXI 

THE  BOUNDARY  DISPUTE  WITH  OHIO  291-301 

An  Unequal  Fight — Michigan  Addresses  a  Memorial  to 
Congress — "The  Fulton  Line"— "Toledo  Strip"— The 
"Talcott  Line" — Congress  Memoralized  to  Grant  an  En- 
abling Act  for  Michigan  to  form  a  State  Constitution — 
Resignation  of  Governor  Cass — William  Woodbridge 
Acting  Governor — John  T.  Mason  appointed  Secretary — 
Stevens  T.  Mason  his  Successor — The  "Boy  Governor" — 
George  B.  Porter  becomes  Governor — His  Death — Gov- 
ernor Mason's  Special  Message  to  Michigan  Legislative 
Council — Michigan  sets  the  Example  of  a  State  Breaking 
into  the  Union. 

CHAPTER  XXII 

THE  BOUNDARY  DISPUTE  WITH  OHIO  CONTIN- 
UED—THE "TOLEDO  WAR" 303-313 

The  "Boundary  War" — Thomas  Ewing  an  Uncompromis- 
ing Opponent  of  Michigan — Conflicting  Legislation  by 
Michigan  and  Ohio — Ohio  Militia  occupied  one  bank  of 
the  Maumee — Michigan's  forces  encamped  on  Opposite 
Bank — Peace  Commissioners  Appointed  by  President 
Jackson — Ohio  Accedes  to  their  proposals — Michigan  Dis- 
sents— Militia  Withdrawn  from  the  Maumee — Toledo  War 
Closes  for  present  without  Actual  Bloodshed — The  Con- 
test transferred  to  the  Halls  of  Congress. 

CHAPTER  XXIII 

THE  BATTLE  FOR  STATEHOOD  315-333 

People  of  Michigan  Territory  Petition  Congress  to  form 
Separate  State  Government — Senator  Tipton  eloquent  Ap- 
peal— Bill  debated  and  laid  on  table— Bill  to  Establish 
Northern  Boundary  of  Ohio  passed — Constitutional  Con- 
vention Convened  at  Detroit — John  Biddle  Elected  Pres- 
ident— Some  of  its  Members — State  Organized  Under  Or- 
dinance of  1787 — Stevens  T.  Mason  elected  First  Gover- 
nor— Edward  Mundy  Lieutenant  Governor — Other  State 
Officers  appointed — Isaac  E.  Crary  becomes  first  member 
of  Congress — John  S.  Horner  appointed  Territorial  Secre- 
tary— His  Arrival  at  Detroit — His  final  Transfer  to  the 
Territory  of  Wisconsin — Lucius   Lyon  and  John  Norvell 


20   MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

First  United  States  Senators — Congressional  Opposition 
to  Michigan  becoming  a  State — Governors  of  Michigan 
during  her  Territorial  Period. 


CHAFFER  XXIV 

THE  LAST  YEARS  OF  THE  TERRITORY 335-349 

The  Federal  Census  of  1830  and  1840 — Rapid  growth  and 
its  Causes — Slavery — Extracts  from  Miss  Martineau's  "So- 
ciety in  America" — Black  Hawk  War — Asiatic  Cholera — 
"Negro  Riot"  of  1833 — Supreme  Court  of  the  Territory. 


CHAPTER  XXV 


HOW  MICHIGAN  CAME  INTO  THE  UNION 351-365 

Appointment  of  a  Select  Committee — A  Compromise  Bill 
Reported — Ohio  and  Indiana  Boundaries  Immutable — To 
recompense  Michigan  she  was  to  Receive  the  Upper  Pfn 
insula — Her  consent  required  to  the  Boundary  Bill — The 
Conditional  Statehood  Act  passes  both  Houses  of  Con- 
gress— First  Conventioin  of  Assent — Its  Refusal  to  Assent 
to  the  Proposed  Conditional  Admission — Governor  De- 
clines to  call  another  Convention — Second  Convention  of 
Assent — "Frost  Bitten  Convention" — They  Adopted  Res- 
olutions of  Assent — Congress  final  Actions  on  Statehood 
Bill — Territory  of  Michigan  a  thing  of  History. 


CHAPTER  XXVI 


AT  THE  END  367-376 

Conditions  and  Resources  of  the  Territory — Her  Area 
and  Census — Means  of  Communication — Agriculture — 
Mineral  Wealth — Forest  Growth — Schools — The  Germ  of 
a  University — Roman  Catholic  Church — First  Protestant 
Church — Methodists — Episcopalians — Extent  of  Settlement 
— Counties  represented  in  Convention  of  Assent — "The 
Sprout  has  become  a  Tree." 


MICHIGAN  AS  A  TERRITORY  21 

APPENDIX 

The  Definitive  Treaty  of  Peace 379 

The  Origin  of  the  Ordinance  of  1787 382 

The   Moravians   in   Michigan 390 

Letter  of  John  Askin,  Jr.,  in  regard  to  the   Making  of  the 

Treaty  of  Greenville 396 

Action  of  the  State  of  Michigan  relating  to  the  Removal  of  the 

remains  of  Governor  Stevens  T.  Mason  to  Detroit 400 

The  First  Election  at  Detroit,  January,  1799 402 

List  of  Works  cited  or  Consulted  in  preparation  of  this  Vol- 
ume     408 


ILLUSTRATIONS 

Lewis  Cass   Frontispiece 

George  Rogers  Clark   Facing  p.     36 

Arthur  St.    Clair    Facing  p.     56 

Thomas  Jefferson   Facing  p.     66 

Manasseh   Cutler    Facing  p.     90 

Map  of  British  and   Indian  Campaigns   Facing  p.  102 

Anthony   Wayne    Facing  p.  120 

William  Hull  Facing  p.  144 

Tecumseh      Facing  p.  168 

Elsquatawa    (the    Prophet)    Facing  p.  168 

Tippecanoe  Battle  Ground  in  i860  Facing  p.  16S 

Maguago  Battle  Ground  Facing  p.  194 

Monroe,  From  the  Battle  Ground  of  Rasin  River.  .Facing  p.  194 

Sir  Isaac  Brock  Facing  p.  204 

William  Henry  Harrison   Facing  p.  214 

Oliver  Hazard  Perry  Facing  p.  232 

Battle  of  the  Thames — Death  of  Tecumseh Facing  p.  236 

Alexander   Macomb    Facing  p..  25S 

Henry  R.   Schoolcraft   Facing  p.  268 

James  May  Facing  p.  272 

James  Witherell  Facing  p.  272 

Gabriel  Richard Facing  p.  272 

James   Duane    Doty    Facing  p.  310 

Black   Hawk    Facing  p.  340 

Zachary  Taylor Facing  p.  342 

Seat  of  Black  Hawk  War — 1832 Facing  p.  346 

23 


CHAPTER  I 
The  Treaty  of  Peace  of  1783 


11-3 


THE  history  of  Michigan  as  a  territory  of 
the  United  States  has  its  origin  in  the 
Definitive  Treaty  of  Peace,  signed  at 
Paris  September  3,  1783. 

The  Definitive  Treaty  was  identical 
with  the  Provisional  Treaty  of  November  30,  1782, 
with  the  exception  of  one  article,  which  had  been  kept 
secret  at  the  time  of  making  the  Provisional  Treaty  or 
Protocol.  This  secret  article  related  to  the  southern 
boundary  of  the  United  States  on  West  Florida,  and 
provided  that  In  case  England  should  recover  West 
Florida  before  the  end  of  the  war,  the  north  boundary 
thereof  should  be  a  line  drawn  from  the  mouth  of  the 
Yazoo  river  due  east  to  the  Appalachicola, 

But  as  England  did  not  recover  West  Florida,  this 
secret  article  of  the  treaty  became  null. 

Therefore,  In  fact  and  in  effect,  the  Definitive  Treaty 
was  Identical  with  the  Provisional  Treaty  of  November 
30,  1782,  which  only  awaited  the  conclusion  of  peace  be- 
tween Great  Britain  and  France  and  Spain  to  become 
operative.  In  no  event  would  the  secret  article  affect 
the  northwest  with  which  we  are  concerned.  But  a  dif- 
ferent boundary  of  the  northwest  might  have  left  Michi- 
gan a  part  of  the  British  dominion  as  it  had  long  been  a 
part  of  New  France.  In  consequence  of  the  treaty  of  al- 
liance between  "His  Most  Christian  Majesty,"  the  King 
of  France,  and  the  United  States  of  North  America, 
signed  February  6,  1778,  the  latter  had  among  other 
things  undertaken  and  agreed  not  to  conclude  a  treaty 
of  peace  with  England  until  France  should  also  conclude 

33 


34    MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

one.  The  object  of  this  alliance  was  declared  to  be  "tO' 
maintain  effectually  the  liberty,  sovereignty  and  indei- 
pendence,  absolute  and  unlimited  of  the  said  United 
States,  as  well  in  matters  of  government  as  of  com- 
merce." 

It  was  further  mutually  agreed  that  conquests  made 
by  the  United  States  to  the  northward  should  belong  and 
appertain  to  them,  and  conquests  made  by  France  of 
islands  in  the  gulf  of  Mexico,  or  in  adjacent  parts, 
should  appertain  to  the  crown  of  France;  and  each  guar- 
anteed to  thfe  other  the  respective  conquests  they  might 
make. 

These  several  stipulations  afterward  exerted  an  im- 
portant influence  not  only  on  the  negotiations  for  peace, 
but  on  the  future  territorial  possessions  of  each. 

As  the  treaty  of  peace  constitutes  the  "origin  of  dis- 
tances" for  this  history,  and  bears  an  intimate  relation  to 
the  subsequent  course  of  events  in  the  northwest,  and  to 
Michigan  as  a  part  thereof,  it  will  be  appropriate,  even 
if  not  necessary,  to  give  a  somewhat  full  account  of  its 
negotiation  and  provisions. 

It  will  not  be  needful  to  the  purpose  of  this  discussion 
to  go  extensively  into  the  various  interests  and  motives 
that  led  to  the  formation  of  the  treaty  as  it  was  ulti- 
mately signed. 

The  two'  principal  and  direct  parties  to  the  contract 
were,  of  course,  England  and  her  revolted  colonies,  now 
to  be  known  as  the  United  States.  By  the  alliance  of 
1778,  and  through  the  instructions  of  Congress  to  her 


MICHIGAN  AS  A  TERRITORY  35 

commissioners,  France  had  also  become  a  necessary 
third  party  of  assent. 

After  France  had  entered  into  the  contest,  for  the 
avowed  purpose  of  achieving  the  absolute  "sovereignty 
and  independence"  of  the  United  States,  finding  the  task 
to  promise  a  longer  and  more  formidable  struggle  than 
she  had  anticipated,  she  made  such  urgent  representa- 
tions to  Spain  that  in  June,  1779,  "His  Most  Catholic 
Majesty"  also  declared  war  against  England.  It  seems 
unnecessary  to  say  that  Spain  did  not  take  this  step  out 
of  any  sympathy  with  the  American  Declaration  of  In- 
dependence, or  to  aid  the  United  States  "to  maintain  ef- 
fectually the  liberty,  sovereignty  and  independence,  ab- 
solute and  unlimited  of  the  said  United  States." 

Her  prime  motive  doubtless  was  the  hope  of  wresting 
from  England  the  fortress  of  Gibraltar, — commanding 
her  Mediterranean  provinces;  and  a  secondary  motive 
was  the  purpose  of  recovering  the  Floridas,  thus  consol- 
idating her  control  of  the  "American  Mediterranean" — 
the  Gulf  of  Mexico. 

France,  on  the  other  hand,  had  not  forgotten  the  bit- 
ter lessons  on  the  Plains  of  Abraham  in  1759,  or  of  the 
hiumilitating  treaty  of  1763,  by  which  she  was  shorn  of 
her  beautiful  Acadia  and  New  France,  from  the  Labra- 
dor to  the  Lake  of  the  Woods,  and  from  Lake  Superior 
to  West  Florida ;  and  while  doubtless  that  learned  phil- 
osopher and  astute  diplomat,  Dr.  Franklin,  had  suc- 
ceeded in  creating  in  the  royal  circle  at  Paris  a  certain 
amount  of  sympathy  with  the  struggling  colonies  and 
for  the  cause  in  which  they  were  fighting,  it  Is  also  true 


36   MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

that  no  revenge  wooild  be  sweeter  to  the  heart  of  the 
French  statesmen  then  at  the  head  of  affairs,  than  to  see 
as  much  as  possible  of  the  territory  which  she  sur- 
rendered in  1763  torn  away  from  England  and  turned 
over  to  her  rebellious  colonies,  so  to  build  up  on  the 
western  shore  of  the  Atlantic  a  rival  English  speaking 
nation  to  become  her  competitor  in  arts,  in  arms  and  in 
trade.  I 

But  while  France  was  willing  that  America  should  be 
great  enough  to  be  a  check  on  English  power,  she  did 
not  desire  to  see  the  young  nation  too  great, — that  is,  not 
so  great  as  to  be  an  obstacle  to  France  recovering  some 
part  of  the  vast  domain  which  she  had  surrendered,  in 
the  rich  and  fecund  valley  of  the  Mississippi.* 

It  would  be  too  long  a  story  to  tell  of  all  the  negotia- 
tions leading  up  to  the  treaty. 

After  the  failure  of  Burgoyne's  well  planned  but  most 
disastrous  attempt  by  an  invasion  from  Canada  to  cut 
the  United  States  in  twain  on  the  line  of  Lake  Champ- 
lain  and  the  Hudson  river, resulting  in  the  surrender  of 
his  army,  and  in  view  of  this  great  military  success  and 
of  the  recently  concluded  alliance  with  France,  Congress 
took  heart  to  hope  that  England  would  be  ready  to  enter 
into  negotiations  for  peace  and  independence;  and  early 
in  1779  appointed  and  commissioned  John  Adams  as 
commissioner  plenipotentiary  of  the  United  States,  to 
proceed  to  Paris,  and  from  that  vantage  point  to  open 
negotiations.  His  instructions  bore  date  August  14, 
1779. 


♦See  Jay  to  Livingston.     6  Wharton  Dip.  Cor.  48. 


MICHIGAN  AS  A  TERRITORY  37 

But  the  English  ministry  was  not  yet  satisfied  that  the 
hour  had  struck  for  considering  the  surrender  of  her 
greatest  and  richest  colonial  possession,  and  Adams, 
finding  Ms  mission  premature,  returned  to  the  United 
States. 

It  was  near  the  close  of  1779  that  Congress  sent  John 
Jay  of  New  York,  as  minister  plenipotentiary  to  the 
court  of  Madrid,  with  instructions  to  seek  to  negotiate 
a  treaty  of  alliance  with  "His  Most  Catholic  Majesty," 
similar  to  that  already  existing  with  France.  But  Count 
Florida  Blanca,  prime  minister,  refused  to  receive  him 
or  recognize  him  as  an  envoy. 

The  great  ambition  of  Spanish  statesmen  at  that  time 
was  to  hold  both  banks  of  the  Mississippi  as  far  up  as 
possible,  and  so  control  the  commerce  of  that  vast  and 
rich  valley,  as  well  as  of  the  Gulf  of  Mexico. 

They  had  doubtless  heard  of  the  recent  conquests  of 
that  stalwart  young  Virginian,  George  Rogers  Clark,  on 
the  Wabash  and  in  the  Illinois  country ;  of  the  rapidly 
increasing  settlements  in  Kentucky  and  in  the  region  be- 
tween the  Cumberland  and  the  Alleghany  mountains, 
and  had  concluded  that  to  give  up  the  region  between 
the  Alleghanies  and  the  Mississippi  to  this  aggressive, 
strenuous  and  land-hungry  race,  would  be  to  imperil  her 
own  possession  in  Florida,  Louisiana  and  Texas.  At 
this  time  Spain  was  firmly  holding  all  the  west  bank  of 
thte  Mississippi,  and  was  in  full  control  of  its  mouth  and 
of  all  that  part  below  3 1  degrees  north  latitude.  When 
Clark  took  Kaskaskia  and  Cahokia,  St.  Louis  was  a 
Spanish  fortified  post. 


38   MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

General  Galvez,  the  ambitious  young  Spanish  gover- 
nor at  New  Orleans,  had  captured  for  his  sovereign  not 
only  the  gulf  ports  of  Mobile  and  Penascola,  but  had 
pushed  his  conquests  up  the  Mississippi  as  far  as  Nat- 
chez. How  simple  a  thing,  now,  to  imitate  the  example 
of  Clark,  and  by  one  bold  stroke  to  lay  the  foundation 
for  a  claim  to  the  whole  great  West ! 

In  pursuance  of  this  ambition,  the  Spanish  Command- 
ant at  St.  Louis,  in  the  winter  of  lySo-'Si  sent  an  expe- 
dition from  that  post  across  the  Illinois  country  and 
around  the  head  of  Lake  Michigan  to  seize  old  fort  St. 
Joseph  established  by  La  Salle,  at  the  mouth  of  the  St. 
Joseph  river,  in  what  is  now  Berrien  County,  Michigan. 
This  little,  old  wooden  stockade,  used  principally  as  a 
trader's  post  with  the  Pottawattamies,  was  held  by  only 
a  coporal's  guard  of  Engilsh  soldiers,  who  were  made 
prisoners  and  carried  away.* 

Don  Eugenio  Purre,  the  commander  of  the  expedi- 
tion, displayed  the  royal  banner  of  Spain  in  token  of 
conquest,  and  took  formal  possession  of  all  the  region 
and  of  the  Illinois  country  through  which  he  had 
marched,  in  the  name  of  the  King  of  Spain.  Having 
done  this  he  marched  back  again  to  St.  Louis,  carrying 
with  him  as  a  trophy  the  British  ensign  which  he  found 
at  the  Fort  St.  Joseph.  It  is  believed  that  this  was  the 
only  occasion  on  which  the  Spanish  "flag  of  blood  and 
gold"  ever  waved  over  the  soil  of  Michigan. 


*Fort  St.  Joseph,  originally  built  near  the  mouth  of  the  St.  Jo- 
seph, had  at  this  time  been  removed  to  a  point  a  mile  below  the 
site  of  Niles,  Michigan.    Moore. 


MICHIGAN  AS  A  TERRITORY  39 

But  it  Is  time  to  return  to  the  negotiations  for  a  treaty 
of  peace. 

The  currents  and  counter-currents  of  the  diplomacy 
will  now  be  better  understood.  England  naturally  de- 
sired to  save  as  much  as  possible  from  the  wreck,  and  at 
the  same  time  she  would  like  to  leave  the  United  States 
strong  enough  to  oppose  an  effective  barrier  to  her  Eu- 
ropean rivals  and  with  such  territorial  extent  and  such 
material  resources  as  would  Insure  to  England  a  profita- 
ble trade. 

Spain  desired  no  less  than  to  control  the  whole  Mis- 
sissippi Valley. 

France  wished  to  curtail  the  territory  and  power  of 
her  ancient  foe,  but  without  building  up  too  formidable 
a  rival  In  the  youthful  Republic,  and  it  was  her  role  to 
play  into  the  hands  of  Spain  in  the  Mississippi  river 
scheme. 

After  the  surrender  of  the  army  of  Lord  Cornwallls 
to  the  allied  French  and  American  forces  at  Yorktown, 
October  19,  1781,  the  prospects  of  peace  and  independ- 
ence became  decidedly  brighter. 

Now  the  Congress  returned  Adams  to  Paris,  but  at 
the  instance  of  the  Count  de  Vergennes,  the  French 
Minister  of  Foreign  Affairs,  associated  with  him  as 
peace  commissioners,  the  venerable  Dr.  Franklin,  al- 
ready our  Minister  to  France,  and  the  brilliant  and  mas- 
terful John  Jay,  who  for  this  purpose  was  recalled  from 
Madrid.  To  these  were  also  added  Thomas  Jefferson, 
then  a  member  of  the  Continental  Congress,  and  Henry 
Laurens  of  South  Carolina,  who  had  been  president  of 


40    MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

Congress  and  recently  appointed  Minister  plenipoten- 
tiary to  Holland.  But  Jefferson  at  first  declined  the  ap- 
pointment and  remained  in  America,  while  Laurens  was 
captured  on  the  high  sea  by  the  British  while  on  his  way 
out  to  Holland,  and  was  shut  up  in  the  Tower  of  Lon- 
don until  parolled  and  exchanged  for  Lord  Comwallis;* 
so  that  when  Jay  had  arrived  in  Paris  from  Madrid,  in 
the  early  summer  of  1782,  the  commission  consisted  of 
the  same  members  who  ultimately  signed  the  Definitive 
Treaty  of  Peace  on  September  3rd,  1783,  Adams, 
Franklin  and  Jay. 

On  leaving  Madrid,  Mr.  Jay  had  been  advised  by 
Count  Blanca  that  Count  d'  Aranda  Spanish  ambassador 
at  Paris,  was  authorized  to  continue  negotiations;  but 
Jay  quickly  discovered  that  d'Aranda's  idea  was  to  claim 
for  Spain  not  only  the  whole  of  the  Mississippi  Valley, 
but  also  all  the  country  drained  directly  into  the  gulf  of 
Mexico,  eastward  to  the  sources  of  the  streams  flowing 
into  the  Atlantic,  and  all  the  country  drained  into  the 
great  lakes  as  far  east  as  the  west  line  of  New  York.f 
That  ended  all  negotiations  with  that  power  then  and 
for  many  years  thereafter. 

This  Spanish  claim  would  have  seemed  simply  ridicu- 
lous had  it  not  been  backed  by  Count  de  Vergennes,  the 
French  minister  of  foreign  affairs.    In  fact  there  was  a 


♦Laurens  arrived  in  Paris  just  in  time  to  sign  the  provisional 
treaty. 

tSee  Sparks  Diplomatic  Correspondence  of  the  Revolution 
Vol.  VIII  150-152,  Hinsdale  175.  Jay  to  Livingston,  Nov.  17,  1782. 
6  Wharton  11. 


MICHIGAN  AS  A  TERRITORY  4 1 

suspicion  that  the  whole  scheme  was  put  up  by  Ver- 
genncs. 

This  suspicion  was  strengthened  when  Reyneval, 
chief  secretary  to  Vergennes,  proposed  a  compromise  by 
which  Spain  would  hold  the  country  from  Florida  north 
to  the  Cumberland  and  the  Ohio,  and  the  United  States 
the  country  north  of  the  Ohio;  and  not  long  after  Mr. 
Reyneval  was  dispatched  by  Vergennes  on  a  secret  mis- 
sion to  London,  to  inform  Lord  Shelbume  that  France 
would  not  sustain  America  in  her  claim  to  the  Missis- 
sippi Valley. 

In  this  perplexing  situation,  when  their  own  ally  had 
turned  against  them,  the  American  commissioners  saw 
no  other  way  out  of  the  difficulty  than  to  disregard  their 
instructions  and  negotiate  with  the  English  Ministry 
without  regard  to  th'e  consent  or  concurrence  of  Ver- 
gennes. 

It  was  most  fortunate  for  the  American  cause  that  at 
this  time  William,  Earl  of  Shelbume,  first  Marquis  of 
Lansdowne,  was  prime  minister.  Both  as  secretary  for 
the  colonies  in  the  Rockingham  Cabinet  and  as  prime 
minister  he  was  governed  by  the  sentiment  that  he  thus 
expressed :  "Reconciliation  with  America  on  the  noblest 
terms  by  the  noblest  means.* 

From  this  time  on,  the  negotiations  progressed  rap- 
idly; the  two  things  which  were  most  difficult  to  agree 
upon  were  the  boundary  of  the  northwest  and  some  pro- 
vision for  the  American  loyalists  or  "Tories." 


*HinsdaIe,  the  Old  Northwest  182.  Shelburne  was  not  heart- 
ily for  independence;  but  as  he  saw  no  escape  from  it,  he  did 
not  wish  to  see  France  receive  all  the  gratitude  or  all  the  trade. 


42        MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

But  now  that  the  American  commissioners  had  cut 
loose  from  Vergennes,  matters  moved  prosperously  until 
on  November  8th,  1782,  the  British  agent,  Mr. 
Strachey,  forwarded  to  the  Ministry  two  proposed  lines 
for  the  northern  boundary  of  the  United  States,  the  one 
a  latitudinal  line  along  the  45th  parallel  north  latitude 
to  its  intersection  with  the  Mississippi  and  the  other 
from  the  point  where  the  45  th  parallel  cuts  the  St.  Law- 
rence river,  along  that  river  and  the  chain  of  lakes  and 
connecting  waters  to  the  Lake  of  the  Woods,  and  thence 
west  to  the  head  waters  of  the  Mississippi,  and  down 
along  the  middle  of  that  river  to  latitude  3 1 .  The  latter 
was  the  boundary  chosen. 

Negotiations  were  at  the  same  time  being  carried  on 
between  France  and  England  through  distinct  and  sep- 
arate commissioners.  But  without  waiting  for  the  an- 
nouncement of  a  French-English  treaty,  Dr.  Franklin 
on  November  29,  1782,  notified  Count  de  Vergennes 
that  the  American  commissioners  had  agreed  upon  ar- 
ticles, and  he  hoped  on  the  next  day  to  lay  a  copy  before 
his  Excellency.* 

When  on  November  30,  1782,  the  astute  and  benev- 
olent old  Doctor — he  was  now  76 — laid  the  treaty  bet- 
fore  Vergennes,  to  the  astonishment  of  the  latter,  the 
articles  were  duly  signed,  and  the  United  States  of 
America  had  already  taken  their  place  among  the  na- 
tions of  the  earth,  as  an  independent  and  sovereign 
power,  and  the  scheme  of  the  wiley  French  diplomat  and 


♦Hinsdale,  Old  Northwest  181.     6  Wharton  90. 


MICHIGAN  AS  A  TERRITORY  43 

his  Spanish  coadjutor  to  "cabin  crib  and  confine"  the 
young  giant  had  signally  failed.* 

History  has  not  recorded,  so  far  as  we  are  aware,  the 
precise  language  of  the  disappointed  and  chagrined 
French  minister,  but  we  know  he  made  a  scene,  and  re- 
proached the  American  commissioners  for  disregarding 
their  instructions.    Europe  was  astonished  at  the  treaty. 

The  Shelburne  ministry  was  driven  from  power  and 
the  new  ministry,  withdrawing  Oswald,  who  had  been 
chiefly  instrumental  in  negotiating  it,  sent  to  Paris  in  his 
stead  David  Hartley,  who  on  the  3d  of  September, 

1783,  signed  the  Definitive  Treaty  without  change. 
Count  D'  Aranda  wrote  to  his  chief  prophesying  that 

the  infant  republic  would  yet  become  a  Colossus,  which 
would  bring  Spain  to  grief. 

The  American  Congress,  while  blaming  the  commis- 
sioners for  disregarding  their  instructions,  joyfully  rati- 
fied the  treaty  with  the  utmost  promptness.  According 
to  Article  X  of  the  treaty  "the  solmen  ratification  of  the 
present  treaty,  expedited  in  good  and  due  form,  shall 
be  exchanged  between  the  contract  parties  in  the  space 
of  six  months  and  sooner  if  possible,  to  be  computed 
from  the  day  of  signing  of  the  present  treaty." 

In  accordance  with  this  article  the  Definitive  Treaty 
was  duly  ratified  and  confirmed  at  Annapolis,  Mary- 
land,  (where    Congress  was    sitting)   on    January    14, 

1784,  and  on  the  same  day  it  was  "Resolved  unanimous- 
ly— nine  states  being  present — that  it  be  and  is  hereby 
earnestly  recommended  to  the  legislatures  of  the  respec- 


*Sce  note  at  end  of  this  chapter. 


44   MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

tive  states  to  provide  for  the  restitution  of  all  estates, 
rights  and  properties  which  have  been  conficated,  be- 
longing to  British  subjects  and  also  of  the  estates,  rights 
and  properties  of  persons  resident  in  districts  which  were 
in  possession  of  His  Britannic  Majesty's  Arms  at  any 
time  between  the  30th  day  of  November,  1782,  and  the 
14th  day  of  January,  1784." 

(Attest)      Charles  Thompson,  Sec'y. 

This  was  in  fulfillment  of  Article  V  of  the  treaty,  and 
completed  and  made  it  binding  upon  both  parties. 

Here,  then,  ended  the  long  and  arduous  struggle  for 
"Liberty,  Sovereignty  and  Independence,  absolute  and 
unlimited,"  but  it  was  yet  to  be  nearly  thirteen  years  be- 
fore Michigan  would  actually  come  under  the  stars  and 
stripes  of  the  United  States. 


Anyone  who  will  take  the  trouble  to  read  Jay's  dispatch  to 
Livingston  (Paris  November  17,  1782)  will  be  satisfied  that  Jay 
very  fully  believed  that  the  Count  de  Vergennes  was  playing  dou- 
ble with  the  American  commissioners.  Referring  to  the  memoir  of 
M.  de  Rayneval  (confidential  secretary  of  Vergennes)  in  regard  to 
the  Mississippi  country,  Jay  says : 

"The  perusal  of  this  memoir  convinced  me,  ist,  that  this  court 
[French]  would  at  a  peace,  oppose  our  extension  to  the  Mississip- 
pi; 2nd,  that  they  would  oppose  our  claim  to  the  free  navigation 
of  that  river;  3rd,  that  they  would  probably  support  the  British 
claims  to  all  the  country  above  the  thirty-first  degree  of  latitude, 
and  certainly  to  all  the  country  north  of  the  Ohio."  (6  Wharton 
Dip.  Rev.  Cor.  27).  And  again  in  the  same  letter  Jay  writes:  "So 
far  and  in  such  matters  as  this  court  [French]  may  think  it  to 
their  interest  to  support  us,  they  certainly  will,  but  no  further,  in 
my  opinion.  They  are  interesting  in  separating  us  from  Great 
Britain,  and  on  that  point  we  may,  I  believe,  depend  upon  them; 
but  it  is  not  their  interest  that  we  should  become  a  great  and 
formidable  people,  and  therefore  they  will  not  help  us  to  become 
so."    (6  Wharton  Dip.  Rev.  Cor.  48). 


MICHIGAN  AS  A  TERRITORY  45 

But  it  is  to  be  remembered  that  Jared  Sparkes,  in  a  comment 
on  this  same  letter  of  Jay,  acquits  Vergennes  of  all  duplicity,  and 
concludes  that  "Jay  was  mistaken  both  in  regard  to  the  aims  of  the 
French  court  and  the  plans  pursued  by  them  to  gain  their  sup- 
posed ends."     (6  Wharton  50). 

But  we  submit  that  anyone  who  will  read  Rayneval's  memoir, 
in  connection  with  the  acts  and  advice  of  Minister  Vergennes,  will 
find  ample  reason  for  thinking  Jay  justified  in  reaching  the  con- 
clusion he  did. 

And  after  all  is  said,  two  facts  remain:  First,  had  the  Com- 
missioners accepted  the  arguments  and  advice  of  Rayneval  they 
would  have  lost  the  Valley  of  the  Mississippi  to  Spain;  and,  Sec- 
ond, had  they  not  entered  into  separate  negotiations,  contrary  to 
the  wish  and  plan  of  Vergennes,  there  would  have  been  no  ac- 
knowledgment of  Independence,  and  no  provisional  treaty,  until  a 
general  European  peace  was  made,  including  England,  France. 
Spain  and  Holland.  As  long  as  they  followed  his  counsel,  little 
progress  Avas  made;  but  when  they  took  the  matter  in  their  own 
hands,  everything  progressed  rapidly  and  prosperously  until  the 
treaty  was  signed.  That  Vergennes  was  deeply  chagrined  cannot 
be  doubted.  He  had  hoped  to  be  able  to  claim  the  honor  of  hav- 
ing made  the  treaty  himself;  and  it  is  not  strange  that  he  was 
chagrined  at  the  action  of  the  commissioners. 

On  the  other  hand,  the  four  commissioners  who  signed  the 
treaty,  Adams,  Franklin,  Jay  and  Laurens,  on  December  14th,  ad- 
dressed a  letter  to  Livingston,  secretary  for  foreign  affairs,  in 
which  they  say:  "We  knew  this  court  [France]  and  Spain  to  be 
against  our  claims  to  the  western  country,  and  having  no  reason 
to  think  that  lines  more  favorable  could  ever  be  obtained,  we  fin- 
ally agreed  to  those  described  in  this  article."     (6  Wharton  132). 


CHAPTER  II 

Cessions  of  the  Western  Lands  to  the  United 

States 


U  4 


THUS,  then,  as  told  in  the  first  chapter, 
Michigan  was  potentially  born  as  an 
American  Commonwealth.  We  say  po- 
tentially because  it  was  to  be  thirteen 
long  years  before  it  would  be  actually 
transferred  to  the  de  facto  jurisdiction  and  sovereignty 
of  the  United  States,  and  nine  years  more  before  it 
would  assume  a  separate  and  distinct  identity  under  its 
own  name  and  with  its  own  boundaries. 

And  there  was  yet  to  be  a  long  and  tedious  struggle 
before  it  would  be  decided  whether  it  belonged  to  the 
United  States  or  to  one  or  more  of  the  individual  states. 
At  the  date  of  the  Treaty  of  Peace,  Michigan,  so  far 
as  white  people  were  concerned,  consisted  of  one  French 
village,  Detroit,  (to  which  had  been  added  a  few  dozen 
Scotch  and  Irish  in  the  twenty  years  of  British  occu- 
pancy, )  protected  by  a  small  fort  called  by  the  English 
Fort  Lemoult;  another  small  fort  and  hamlet  on  the 
Island  of  Mackinac;  (or  Michllimackinac),  and  a  still 
less  important  fort  and  trading  post  at  Sault  Ste.  Marie, 
in  modem  years  called  in  railroad  nomenclature  "The 
Soo." 

All  the  rest  and  remainder  was  unbroken  wilderness, 
inhabited  by  a  few  thousands  of  Ottawa,  Chippewa, 
Wyandot  and  and  Pottawatamie  Indians,  and  subject  to 
occasional  incursions  by  the  Wyandots,  Delawares  and 
Shawanees  on  the  south,  and  sometimes  of  the  Hurons 
on  the  north  and  east.* 


*The  Wyandots  and  Hurons  were  of  the  same  stock,  the 
Ouendats.  Those  who  removed  to  the  peninsula  of  Michigan  seem 
to  be  known  as  Wyandots.   Those  who  remained  in  Canada,  as  Hurons. 

49 


50   MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

At  and  after  the  making  of  the  Treaty  of  Peace,  the 
Northwest,  of  which  Michigan  was  part  and  parcel,  was 
covered  by  three  distinct  classes  of  claims. 

1 .  The  claim  of  the  aboriginal  tribes,  as  the  original 
claimants  and  occupants  of  the  soil  from  time  imme- 
morial. This  title  had  to  be  reckoned  with  at  the  peril 
of  savage  warfare  and  with  the  alternative  of  the  toma- 
hawk and  the  scalping  knife. 

2.  The  claim  of  the  United  States,  as  the  conquering 
and  treaty-making  power. 

3.  The  claim  of  the  individual  states,  in  virtue  of 
their  ancient  colonial  charters. 

Virginia  claimed  the  whole  northwest  to  the  Missis- 
sippi under  her  colonial  charter  of  1609,  which  gave  her 
a  front  on  the  Atlantic  200  miles  north  and  200  miles 
south  from  Point  Comfort,  "and  all  that  space  and  cir- 
cuit of  land  lying  from  the  sea-coast  of  the  precinct 
aforesaid  up  into  the  land,  throughout  from  sea  to  sea, 
west  and  northwest." 

It  will  be  readily  seen  that  under  this  charter  she 
could  claim  almost  anything  between  the  two  oceans^ 
north  of  Cape  Fear  river. 

Next,  New  York  by  virtue  of  a  treaty  with  the  six  na- 
tions of  New  York  Indians,  laid  claim  to  all  the  country 
the  said  Indians  had  overrun,  south  to  the  Cumberland 
mountains,  and  west  to  the  Mississippi;  but  It  is  very 
questionable  whether  Michigan  could  be  brought  within 
her  claim,  and  it  never  became  a  practical  question. 

Connecticut  claimed  by  virtue  of  her  colonial  charter, 
which  extended  her  western  limit  "to  the  South  Sea."^ 


MICHIGAN  AS  A  TERRITORY  5  I 

Under  this  old  charter  Connecticut  claimed  a  belt  of  ter- 
ritory extending  west  from  the  west  line  of  Pennsylvania 
to  the  Mississippi  and  north  and  south  from  parallel 
41  to  42  2'  north  latitude.  This  included  nearly  all 
that  part  of  Michigan  south  of  the  second  tier  of  coun- 
ties as  now  organized. 

And  finally,  Massachusetts  had  a  colonial  charter  ex- 
tending on  the  Atlantic  border  from  the  Connecticut 
limit  of  42  2'  to  a  point  "three  English  myles  to  the 
northward  of  said  river  called  Monomack  alias  Merry- 
mack"  and  "throughout  the  mayne  landes  there  from 
the  Atlantic  and  Western  sea  and  ocean  on  the  east  part 
to  the  South  Sea  on  the  west  parte."  This  would  have 
carried  the  projected  north  line  of  the  Massachusetts 
claim,  if  extended  due  west,  to  about  the  north  line  of 
Oakland  county,  or  near  the  latitude  of  Port  Huron  and 
Grand  Rapids. 

The  task  of  the  Congress  of  the  Confederation  was  to 
unite  as  many  of  these  claims  as  possible  in  the  hands  of 
the  United  States.  The  first  and  most  important  thing 
to  be  done  was  to  secure  cessions  from  each  of  the  indi- 
vidual states  having  claims  on  the  western  lands. 

In  doing  this  aid  came  in  a  most  unexpected  way.  It 
is  necessary  to  premise  that  by  the  "articles  of  con- 
federation AND  PERPETUAL  UNION,"  it  was  provided 
that  the  said  Articles  should  not  become  operative  and 
binding  until  ratified  by  each  of  the  thirteen  states. 

On  February  22,  1779,  Delaware,  the  twelfth  state, 
ratified,  leaving  Maryland  only  yet  to  ratify  In  order  to 
complete  the  Confederation- 


52        MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

Maryland  demanded,  as  the  condition  of  her  ratifica- 
tion of  the  Articles,  an  amendment  giving  Congress 
power  to  fix  the  western  limits  of  those  states  claiming 
to  the  Mississippi,  and  as  early  as  December,  1778,  the 
legislature  of  Maryland  adopted  a  "Declaration"  to  the 
effect  that  "Maryland  will  ratify  the  Confederation 
when  it  is  so  amended  as  to  give  full  power  to  Congress 
to  ascertain  and  fix  the  western  limits  of  the  states  claim- 
ing to  extend  to  the  Mississippi."  This  document  was 
presented  to  Congress  January  6,  1779.  This  was  fol- 
lowed by  "Instructions  to  Maryland  Delegates,"  pre- 
sented May  21  the  same  year. 

The  completion  of  the  Confederation  hung  on  the  ac- 
tion of  Maryland,  and  she  stood  fast  and  refused  to  rat- 
ify unless  her  terms  were  complied  with.  Her  delegates 
are  instructed  not  to  ratify  unless  the  desired  amend- 
ment is  made ;  with  that  amendment  they  are  instructed 
to  sign. 

Virginia  adopted  a  counter  declaration,  in  which  she 
lays  down  the  proposition  that  "the  United  States  hold 
no  territory  but  in  right  of  some  one  individual  state  of 
the  Union,"  and  further  declared  that  the  setting  aside 
of  this  principle  "would  end  in  bloodshed  among  the 
states."  It  would  require  a  very  long  chapter  to  give 
anything  like  a  full  history  of  the  long  struggle  by  which 
New  York,  Virginia,  Massachusetts  and  Connecticut 
were  finally  led  to  cede  to  the  United  States,  as  trustees 
for  all  the  states,  the  lands  which  they  severally  claimed 
west  of  the  mountains.  But  it  may  be  summarized  brief- 
ly as  follows : 


MICHIGAN  AS  A  TERRITORY  53 

New  York  led  the  way,  by  the  passage  of  an  Act  Jan- 
uary 17,  1780,  "For  facilitating  the  completion  of  the 
Articles  of  Confederation  and  Perpetual  Union  Among 
the  United  States  of  America,"  by  which  her  delegates 
were  authorized  to  limit  her  western  boundaries,  and  to 
cede  the  surplus  of  her  claim  to  the  United  States,  for 
the  use  and  benefit  of  all  such  states  as  should  become 
members  of  the  Federal  Alliance.* 

On  March  i,  178 1,  the  New  York  delegates  executed 
a  deed  of  cession,  of  all  her  territory  west  of  her  present 
west  line,  on  the  meridian  of  the  most  westerly  bend  of 
Lake  Ontario.  On  the  same  day  the  delegates  of  the 
state  of  Maryland  ratified  and  signed  the  Articles  of 
Confederation,  thus  completing  the  Confederation. 

But  already  on  January  2,  1781,  Virginia  had  yielded 
to  the  pressure  of  Congress  and  the  non-claimant  states 
and  had  by  act  of  her  legislature  resolved  to  cede  the 
territory  northwest  of  the  Ohio  river  for  the  common 
benefit,  but  she  placed  this  cession  on  such  conditions  of 
acknowledgment  of  her  title  to  the  transmontane  lands 
and  of  guarantee  of  her  remaining  territory,  as  rendered 
it  impossible  for  Congress,  representing  all  the  states, 
to  accept. 

But  on  October  20,  1783,  Virginia  made  a  new  or 
amended  cession,  obviating  the  most  important  objec- 
tions, and  on  March  i,  1784,  her  cession  was  accepted 
by  Congress. 

About  this  time  a  new  element  came  into  operation  to 
expedite  the  cessions  of  the  western  lands. 


*Rufus  King's  History  of  Ohio  165. 


54   MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

The  Congress  had  no  means  of  filling  its  treasury  ex- 
cept by  calling  on  the  several  states  to  make  contribu- 
tions thereto  and  such  contributions  had  failed  to  be 
forthcoming. 

"In  April,  1784,  Congress  again  called  attention  to 
the  western  territory  as  an  important  financial  resource, 
and  urged  those  states  that  had  not  complied  with  the 
recommendations  of  September  6,  1780,  to  make  imme- 
diate and  liberal  cessions."* 

This  appeal  was  not  without  effect.  On  November 
I3»  1784,  the  General  Court  of  Massachusetts  author- 
ized her  delegates  to  execute  cessions  of  her  lands  west 
of  the  Hudson  river.  And  on  April  19th,  1785,  just  ten 
years  after  the  day  when  the  "embattled  farmers"  stood 
on  Concord  green  and  in  front  of  Lexington  meeting- 
house "and  fired  the  shot  heard  round  the  world,"  Sam- 
uel Holton  and  Rufus  King,  her  delegates  in  Congress, 
executed,  and  on  the  same  day  Congress  accepted,  the 
cession  of  all  her  right,  title  and  claim  to  lands  west  of 
the  meridian  of  the  westerly  bend  of  Lake  Ontario,  the 
same  being  the  west  line  of  New  York  State.  This  now 
left  only  Coruiecticut  of  the  claimant  states.  She  did 
not  long  stand  out.  On  May  11,  1786,  her  legislature 
authorized  the  cession  of  all  her  western  lands,  reserv- 
ing, however,  a  tract  extending  120  miles  west  of  thfe 
western  boundary  of  Pennsylvania,  "as  now  claimed  by 
said  Commonwealth,"  and  from  the  41st  degree  north 
latitude  to  Lake  Erie.  This  she  reserved  as  a  means  of 
making  good  her  promises  of  bounty  lands  to  her  revo- 


♦Hinsdale's  Old  Northwest  246. 


MICHIGAN  AS  A  TERRITORY  55 

lutionary  soldiers,  and  to  compensate  the  damages  suf- 
fered from  the  British  invasion  of  her  coast.  This 
became  the  famous  "Western  Reserve." 

There  was  much  opposition  to  the  acceptance  of  this 
cession,  on  account  of  the  reservation.  But  on  May  26, 
1786,  it  was  finally  accepted,  thus  completing  the  title 
of  the  United  States  to  all  that  vast  domain  bounded  by 
Pennsylvania  on  the  east,  the  Ohio  river  on  the  south, 
the  Mississippi  on  the  west  and  the  chain  of  lakes  and 
their  connecting  waters  on  the  north  and  northeast. 

In  this  review  we  h'ave  not  attempted  to  deal  at  all 
with  the  lands  south  of  the  Ohio  river,  because  they  have 
no  direct  relation  to  the  subject  in  hand.  That  is  a  dif- 
ferent story  and  a  long  one. 

But  there  still  remains  the  Indian  title  to  be  consid- 
ered. 

At  the  same  time  that  Congress  was  pressing  for  ces- 
sions of  the  western  lands  by  the  individual  states,  it  was 
also  negotiating  for  thfe  extinction  of  the  Indian  titles. 

On  October  22,  1784,  was  signed  the  treaty  of  Fort 
Stanwix  between  the  United  States,  by  Oliver  Wolcott, 
Richard  Butler  and  Arthur  Lee,  commissioners  plenipo- 
tentiary on  the  one  part,  and  the  sachems  and  warriors 
of  the  Six  Nations  on  the  other  part.  By  Art.  II,  the 
Senecas,  Mohawks,  Onandagas  and  Cayugas  are  given 
peace  and  received  into  the  protection  of  the  United 
States.  The  Oneida  and  Tuscarora  nations  are  secured 
in  the  possession  of  the  lands  on  which  they  are  settled. 

Art.  Ill  provides  for  a  line  to  be  drawn  four  miles 
east  from  the  carrying  path  on  Lake  Ontario,  parallel 


S6        MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

with  the  Niagara  river  to  Lake  Erie  and  along  the  north 
boundary  of  Pennsylvania,  to  the  west  boundary,  thence 
south  to  the  Ohio  river,*  The  six  nations  to  hold  to 
that  line, — all  west  of  that  line  they  yield  to  the  United 
States.  This  treaty  gave  directly  to  the  United  States 
all  the  rights  of  the  six  nations  to  lands  west  of  Pennsyl- 
vania, which  they  had  already  acquired  Indirectly 
through  the  New  York  cession. 

But  there  were  tribes  and  nations  settled  on  these 
western  lands,  who  did  not  admit  the  right  or  power 
of  the  Six  Nations  to  dispose  of  the  title  to  their  lands. 
So  a  separate  treaty  must  be  made  with  them,  or  the  set- 
tlers in  the  Ohio  country  would  experience  the  horrors  of 
savage  warfare  on  their  settlements. 

On  January  21,  1785,  was  concluded  the  treaty  of 
Fort  Mcintosh,  a  post  at  the  mouth  of  the  Big  Beaver 
in  the  upper  Ohio  Valley,  between  the  United  States, 
through  its  commissioners,  George  Rogers  Clark,  Rich- 
ard Butler  and  Arthur  Lee,  on  the  one  side,  and  the 
sachems  of  the  Wyandot,  Delaware,  Chippewa  and  Ot- 
tawa nations  on  the  other.  By  Article  II  said  nations 
acknowledge  themselves  and  all  their  tribes  under  the 
protection  of  the  United  States  and  of  no  other  sover- 
eign whatever. 

Article  III  stipulates  that  the  lands  of  said  nations 
shall  begin  at  the  mouth  of  the  Cuyahoga  river,  up  that 
river  and  by  the  portage  to  the  Tuscarawas,  thence  west 
to  the  portage  of  the  great  Miami;  thence  along  that 
portage  to  Ome  river  (a  southern  branch  of  the  Au- 


*Pennsylvania  did  not  then  extend  to  Lake  Erie. 


y/^<^. 


MICHIGAN  AS  A  TERRITORY  57 

glaize)  ;  thence  north  to  the  mouth  of  the  Maumee 
river  and  by  the  shore  of  Lake  Erie  to  the  Cuyahoga. 

This  stipulation  released  to  settlement  the  greater 
part  of  what  became  the  State  of  Ohio,  including  the  val- 
ley of  the  Ohio  river  where  settlements  were  already  in 
progress. 

But  Article  VII  more  directly  interests  us.  It  pro- 
vided that  the  post  of  Detroit  "with  the  district  begin- 
ning at  the  mouth  of  the  River  Raisin  on  the  west  end 
of  Lake  Erie  and  running  west  six  miles  up  the  south 
bank  of  said  river;  thence  northerly  and  always  six  miles 
west  of  the  strait,  till  it  strikes  Lake  St.  Clair,  shall  be 
reserved  to  the  sole  use  of  the  United  States."  In  the 
same  manner  the  post  of  Michilimackinac  with  its  de- 
pendencies, and  twelve  miles  square  about  the  same, 
shall  be  reserved  to  the  sole  use  of  the  United  States. 

This  cannot  be  regarded  as  an  extinction  of  the  In- 
dian title  in  these  reservations,  but  it  is  interesting  as  be- 
ing the  first  formal  acquisition  of  the  Indian  rights  by 
the  United  States,  within  the  present  state  of  Michigan. 

Four  years  later,  January  9,  1789,  came  the  treaty 
of  Fort  Harmar  (Marietta)  Ohio,  by  General  Arthur 
St.  Clair  (now  governor  of  the  recently  organized 
Northwest  Territory)  commissioner  on  the  part  of  the 
United  States,  and  the  sachems  of  the  Wyandot,  Dela- 
ware, Ottawa,  Chippewa,  Pottawatamie  and  Sac  na- 
tions. Of  these  nations  the  Ottawas,  Chlppewas  and 
Pottawatamles  and  the  Wyandots  of  the  Detroit  were 
Michigan  tribes. 

This  treaty  renews  and  confirms  the  treaty  of  Fort 


58   MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

Mcintosh  of  1785,  but  includes  some  tribes  who  were 
not  parties  to  the  latter  treaty. 

Article  XI  is  the  same  as  Article  VII  of  the  former 
treaty  in  regard  to  Detroit  and  the  six  mile  strip. 

Article  XII  is  the  same  as  the  former  treaty  in  regard 
to  Michilimackinac  and  the  twelve  mile  reserve. 

Article  XIII  the  United  States  renews  peace  and 
friendship  with  the  nations  which  were  parties  to  the 
Fort  Mcintosh  treaty. 

Article  XIV  the  United  States  receive  into  their 
friendship  and  protection  the  nations  of  Pottawatamies 
and  Sacs. 

It  needs  not  to  be  reiterated  that  at  this  time  Michi- 
gan was  an  integral  part  of  the  Northwest  Territory  or- 
ganized by  the  Ordinance  of  July  13,  1787,  and  as  yet 
entire  and  undivided,  and  that  these  treaties  pertain  to 
Michigan  Peninsula,  equally  with  other  parts  of  that 
vast  domain,  though  they  were  particularly  intended  to 
open  up  to  settlement  the  north  side  of  the  Ohio,  and 
more  especially  the  purchases  of  the  Ohio  Company,  the 
Scioto  Associates  and  the  Symmes  purchase,  covering 
practically  the  entire  border  of  Ohio  along  the  Ohio 
river,  of  which  more  hereafter. 

In  closing  this  chapter,  in  which  we  are  approaching 
the  period  of  the  Great  Ordinance  of  1787,  and  of  the 
Constitution  of  the  United  States,  which  ushered  in  a 
new  and  more  promising  day  for  the  northwest  and  for 
the  young  Republic  of  which  it  was  the  common  domain, 
some  remark  is  due  on  the  importance  of  the  events 
noted  therein.     It  may  be  truly  said  that  the  five  years 


MICHIGAN  AS  A   TERRITORY  59 

Struggle  for  the  cessions  of  the  over-mountain  territory 
claimed  by  the  individual  states,  was  one  of  the  critical 
periods  of  American  history. 

The  old  and  loose  federation  of  the  revolted  colonies, 
the  only  common  bond  of  which  was  the  Continental 
Congress,  was  rapidly  going  to  pieces.  The  war  was 
practically  over,  but  the  treaty  of  peace  was  long  de- 
layed by  the  machinations  of  our  ally,  France,  or  more 
properly  by  the  French  King's  Minister.  The  treasury 
was  empty,  with  no  independent  source  of  revenue 
whereby  to  fill  it;  the  army  was  unpaid  and  almost  at 
the  point  of  mutiny. 

The  new  Articles  of  Confederation  could  not  be 
closed  without  the  ratification  of  every  state ;  and  Mary- 
land refused  to  ratify. 

Virginia,  then  "the  mother  of  statesmen,"  boldly  in- 
sisted that  the  United  States,  as  such,  had  no  common  do- 
main and  could  acquire  none  by  treaty.  On  the  other 
hand  Hamilton  and  his  school  claimed  that  the  domain 
acquired  by  the  treaty  of  peace  closing  a  war  waged  by 
all  jointly,  and  waged  with  the  common  blood  and  treas- 
ure, was  the  property  of  the  United  States  as  a  whole. 
Virginia  openly  intimated  that  bloodshed  between  the 
states  might  be  the  result  of  any  attempt  to  enforce  this 
view. 

Congress  "made  haste  slowly"  and  by  refusing  to 
discuss  the  question  of  the  relative  value  of  titles,  and 
by  a  steady  and  gentle  pressure  for  "immediate  and 
liberal  cessions"  in  time  brought  about  the  desired 
result,    and  came   into   possession    of   that  magnificent 


6o   MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

country  out  of  which  have  since  been  formed  the  five 
great  states  of  Ohio,  Indiana,  Illinois,  Michigan  and 
Wisconsin,  and  all  that  part  of  Minnesota  lying  east 
of  the  national  boundary  as  defined  by  the  treaty  of 
peace  of  1783.  The  possession  of  this  splendid  domain 
was  the  first  distinct  token  of  the  impending  change 
from  a  mere  loose  federation  of  "sovereign  states"  to 
that  "more  perfect  Union"  then  near  at  hand,  and  of 
that  growing  power  in  a  central  government  which  has 
made  of  the  United  States  a  real  and  mighty  nation. 

The  sun  of  the  Constitution  was  still  below  the  hori- 
zon, but  the  light  of  its  spirit  of  nationality  was  already 
flooding  the  political  sky  of  America,  a  token  and 
prophesy  of  the  greater  day  about  to  dawn. 


CHAPTER  III 
The  Ordinances  of  1784  and  1785 


ANEW  government  was  necessary  for  the 
new  domain.  Long  before  the  Treaty 
of  Peace  of  1783;  before  even  the 
close  of  active  hostilities,  the  Con- 
tinental Congress  deliberately  adopted 
a  policy  looking  to  the  acquisition  of  the  unoccupied 
lands  west  of  the  mountains,  in  case  independence 
should  be  achieved — which  they  assumed  to  be  assured 
— as  a  public  domain  to  be  held  as  the  common  property 
of  all,  and  ultimately  to  be  divided  into  new  states, 
which  should  be  admitted  into  the  Union  on  an  equal 
footing  in  all  respects  with  the  original  thirteen  states. 

Both  New  Jersey  and  Delaware  in  authorizing  the 
ratification  of  the  Articles  of  Confederation  had  passed 
resolutions  favoring  such  a  policy. 

Maryland,  as  we  have  seen  in  the  last  chapter,  had 
refused  to  ratify  on  any  other  terms. 

As  early  as  September  6,  1780,  Congress,  on  the 
report  of  a  committee  to  whom  the  declarations  of  the 
above  named  states  had  been  referred,  adopted  resolu- 
tions calling  upon  the  several  states  claiming  lands 
beyond  the  mountains  to  cede  them  to  the  United 
States  to  be  held  for  the  purposes  aforesaid.* 

A  little  more  than  one  month  later.  Congress  in  order 
to  set  at  rest  any  question  in  regard  to  its  policy  on 
the  subject  declared: — 

"That  the  unappropriated  lands  which  may  be  ceded  or  relin- 
quished to  the  United  States  by  any  particular  state,  pursuant  to 
the  recommendation  of  Congress  of  the  6th  of  September  last,  shall 


♦Journals  of  Congress  III,  p.  517,  Merriam  2. 
II.6  63 


64   MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

be  disposed  of  for  the  common  benefit  of  the  United  States,  and 
be  settled  and  formed  into  distinct  republican  states,  which  shall 
become  members  of  the  Federal  Union  and  have  the  same  rights 
of  sovereignty,  freedom  and  independence  as  the  other  states. 
♦    *    *" 

"That  the  necessary  and  reasonable  expenses  which  any  par- 
ticular state  shall  have  incurred  since  the  commencement  of  the 
present  war,  in  subduing  any  British  posts,  or  in  maintaining  forts 
or  garrisons  within  and  for  the  defense  or  in  acquiring  any  part 
of  the  territory  that  may  be  ceded  or  relinquished  to  the  United 
States,  shall  be  reimbursed."* 

The  policy  outlined  in  these  resolutions  is  embodied 
in  all  subsequent  resolutions  and  declarations  by  which 
they  continued  to  urge  the  cession  upon  the  states,  until 
Connecticut  completed  her  cession  in  1786. 

These  resolutions  contain  the  germ  and  kernel  of  the 
subsequent  ordinances  for  the  organization  of  the  west- 
em  country  into  territories  and  states. 

On  April  15,  1782,  a  committee  of  Congress,  to 
which  had  been  referred  the  original  acts  of  cession 
of  New  York,  Virginia  and  Connecticut,  reported  reso- 
lutions embodying  the  same  policy,  with  some  elabora- 
tion.    But  the  report  was  not  acted  on. 

All  this  occurred  before  even  the  provisional  treaty 
of  peace  was  signed. 

On  October  15,  1783,  long  before  the  definitive 
treaty  of  peace  reached  this  country.  Congress  moved 
thereto  by  a  letter  of  Washington,  adopted  the  follow- 
ing among  other  resolutions : 

"Resolved  that  it  will  be  wise  and  necessary  as  soon  as  cir- 
cumstances shall  permit,  to  erect  a  district  of  the  western  terri- 


♦Journals  of  Congress  III,  535. 


MICHIGAN  AS  A  TERRITORY  6$ 

tory  into  a  distinct  government,  as  well  for  doing  justice  to  the 
army  of  the  United  States,  who  are  entitled  to  such  lands  as  a 
bounty  or  in  reward  of  their  services,  as  for  the  accommodation  of 
such  as  may  incline  to  become  purchasers  or  inhabitants.  And 
in  the  interim  that  a  committee  be  appointed  to  report  a  plan,  con- 
sistent with  the  principles  of  the  Confederation,  for  connecting  with 
the  Union  by  a  temporary  government,  the  purchasers  and  inhab- 
itants of  the  said  district,  until  their  number  and  circumstances 
shall  entitle  them  to  form  a  permanent  constitution  for  themselves 
and  as  citizens  of  a  free,  sovereign  and  independent  state,  to  be 
admitted  to  a  representation  in  the  Union."* 

Pursuant  to  this  resolution  a  committee  was  appointed 
"to  report  a  plan."  This  committee  consisted  of  Jef- 
ferson of  Virginia,  Chase  of  Maryland  and  Howell  of 
Rhode  Island. 

On  the  very  day  on  which  Virginia's  final  deed  of 
cession  of  the  northwest  country  was  delivered  to  Con- 
gress, March  i,  1784,  the  committee  made  its  report. 
The  report  is  on  file  in  the  state  department  and  is  in 
Jefferson's  handwriting,  and  endorsed  "Report  Mr. 
Jefferson,  Mr.  Chase,  Mr.  Howell.  Temporary  gov- 
ernment of  western  country."  It  will  be  noticed  that 
this  report  related  not  to  the  territory  northwest  of  the 
Ohio,  but  to  the  whole  western  country,  "beginning  to 
count  from  the  completion  of  ^i  degrees  north  of  the 
equator,"  that  is  from  the  north  line  of  Florida,  which 
province  had  been  ceded  by  Spain  to  England,  by  a 
treaty  signed  on  the  same  day  as  the  treaty  of  peace 
with  the  United  States. 

This  report  may  be  found  in  full  in  the  government 
publication  "The  'Public  Domain."  This  it  was  which 
with  modifications  became  "The  Ordinace  of  178^." 


♦Journal  of  Congress  IV,  296. 


66        MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

The  report  recites  that : 

"The  committee  appointed  to  prepare  a  plan  for  the 
temporary  government  of  the  western  territory  have 
agreed  to  the  following  resolutions: 

"Resolved  that  the  territory  ceded  and  to  be  ceded  by  in- 
dividual States,  etc.,  etc.,  shall  be  formed  into  distinct  states 
bounded  in  the  following  manner  as  nearly  as  such  cessions  will 
admit,  that  is  to  say:  northwardly  and  southwardly  by  parallels  of 
latitude  so  that  each  state  shall  comprehend  from  south  to  north 
two  degrees  of  latitude  beginning  to  count  from  the  completion 
of  thirty-one  degrees  north  of  the  equator."     *    *     * 

It  then  recommends  east  and  west  boundaries  by  the 
Mississippi  river  on  the  west  and  by  the  meridian  at 
the  foot  of  the  Rapids  of  the  Ohio  and  the  western  cape 
of  the  great  Kanawhay,  and  one  state  east  of  the  last 
named  meridian. 

This  subdivision  would  provide  for  seventeen  states, 
ten  north  of  the  mouth  of  the  Ohio,  and  seven  south  of 
that  river.  For  the  ten  new  states  north  of  the  Ohio, 
Jefferson  provided  names  so  pedantic  and  absurd  that  it 
led  to  the  recommitting  of  the  report,  on  March  17,  but 
it  was  again  reported  from  the  committee  on  the  23rd, 
minus  Jefferson's  proposed  names.  Those  names  were 
as  follows:  The  territory  northward  of  the  45th 
degree  "extending  to  the  Lake  of  the  Woods"  (the 
extreme  northwest  limit  of  the  United  States) ,  Syhania; 
the  territory  under  the  44th  and  45th  degrees,  that 
west  of  Lake  Michigan,  Michigania;  and  that  which 
lies  east,  Chersonesus,  which  shall  include  any  part  of 
the  peninsula  which  extends  north  of  the  45th  degree. 
Of  the  territory  which  lies  under  the  43rd  and  42nd 


-.^^- 


mp 


MICHIGAN  AS  A  TERRITORY  67 

degrees,  that  westward  Assenisipia,  and  that  to  the  east- 
ward Metropotamia.  Of  the  territory  which  lies  under 
the  41st  and  40th  degrees  the  western  part  through 
which  the  river  Illinois  runs,  Illinoia,  that  next  adjoining 
eastward,  Saratoga;  and  that  between  this  last  and 
Pennsylvania,  PFashington. .  Of  the  territory  which  lies 
under  the  39th  and  38th  degrees,  that  to  the  westward 
shall  be  called  Polypotamia;  that  to  the  eastward, 
farther  up  the  Ohio,  Pelisipia. 

The  amended  ordinance  as  reported  on  March  23rd 
was  the  same  as  that  first  reported  except  that  part 
relating  to  the  naming  of  the  states.  It  came  up  for 
consideration  on  April  19,  1784,  when  it  was  amended 
in  the  Congress  by  striking  out  the  following  clause : 

"5.  That  after  the  year  1800  of  the  christian  era  there  shall  be 
neither  slavery  nor  involuntary  servitude  in  any  of  the  said  states 
otherwise  than  in  punishment  of  crimes  whereof  the  party  shall 
have  been  duly  convicted  to  have  been  personally  guilty." 

This  was  Jefferson's  anti-slav^er}^  plank. 

It  will  be  seen  that  this  anti-slavery  provision  was 
co-extensive  with  the  territory  to  be  included  in  the 
new  states,  that  is,  it  applied  the  prohibition  as  far  south 
as  the  United  States  extended, — to  the  Florida  line. 

On  the  question  of  retaining  this  clause.  New  Hamp- 
shire, Massachusetts,  Rhode  Island,  Connecticut,  New 
York  and  Pennsylvania  all  cast  unanimous  affirmative 
votes.  Maryland  and  South  Carolina  undivided  nega- 
tive votes;  Virginia  a  divided  negative  vote,  Jefferson 
voting  in  the  affirmative;  Delaware  and  Georgia  were 
unrepresented,  and  only  one  delegate  was  present  from 


68   MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

New  Jersey.  Had  one  more  delegates  from  New  Jersey 
been  present,  the  clause  would  have  been  retained,  as  it 
required  the  affirmative  vote  of  only  seven  states  to 
adopt  it.  The  per  capita  vote  stood  i6  affirmative  to 
7  negative.  The  clause  making  the  new  states  "subject 
to  the  government  of  the  United  States  in  Congress 
assembled"  was  also  stricken  out.  A  clause  excluding 
from  citizenship  all  persons  holding  hereditary  titles 
shared  the  same  fate.  A  provision  was  added  that 
"the  lands  of  non-resident  proprietors  shall,  in  no  case, 
be  taxed  higiher  than  those  of  residents."  It  was  further 
provided  "that  measures  not  inconsistent  with  the  prin- 
ciples of  the  confederation,  and  necessary  for  the  pres- 
ervation of  peace  and  good  order  among  settlers  in  any 
of  the  said  new  states,  until  they  shall  assume  a  tem- 
porary government  as  aforesaid,  may,  from  time  to 
time,  be  taken  by  the  United  States  in  Congress  assem- 
bled." 

As  thus  amended,  "Jefferson's  Ordinance"  passed  on 
April  23rd,  1784,  and  became  the  first  frame  of  gov- 
ernment of  the  western  country,  and  more  particularly 
of  the  Northwest  Territory,  soon  to  be  settled  and 
organized  under  it.  So  far  as  it  concerned  the  North- 
west, it  has  been  thus  summarized.  It  was  "to  be 
divided  into  ten  states,  each  one  of  which  was  to  be  able 
to  adopt,  as  a  temporary  form  of  government,  the  con- 
stitution of  any  one  of  the  thirteen  original  states,  under 
which  a  legislature  was  to  be  elected  with  power  to 
amend  such  constitution : 


MICHIGAN  AS  A  TERRITORY  69 

"Each  state  upon  gaining  a  population  of  20,000  was  to  be 
admitted  as  a  state  of  the  union  under  a  permanent  constitution, 
and  was  to  be  admitted  to  full  representation  in  Congress  when  its 
population  equalled  that  of  the  least  numerous  of  the  thirteen  orig- 
nal  states,  and  until  such  admission  each  state,  after  the  forma- 
tion of  its  temporary  government,  could  send  a  delegate  to  Con- 
gress, with  right  of  debating  but  not  of  voting."* 

These  state  governments  were  always  to  remain  a 
part  of  the  Confederation,  and  be  subject  to  the  Articles 
of  Confederation ;  their  form  of  government  should 
be  republican;  they  should  be  subject  to  federal  taxa- 
tion as  apportioned  by  Congress;  should  not  interfere 
with  the  primary  disposal  of  the  soil  by  Congress;  the 
lands  of  the  United  States  should  not  be  subject  to  be 
taxed  by  the  state ;  that  non-resident  lands  should  not  be 
taxed  higher  than  the  lands  of  residents.! 

Finally  it  was  declared  that 

"The  preceding  articles  shall  be  formed  into  a  charter  of  com- 
pact between  the  thirteen  original  states  and  those  now  newly 
described,  unalterable  but  by  the  joint  consent  of  the  United  States 
in  Congress  assembled,  and  of  the  particular  state  within  which 
such  alteration  is  to  be  made." 

This  is  the  first  charter  or  constitution  of  the  Ter- 
ritory of  Michigan  written  by  the  same  hand  that 
framed  the  Declaration  of  Independence.  It  remained 
in  force  until  July  13th,  1787,  when  it  was  superceded 
by  the  "Great  Ordinance"  of  1787. 

Up  to  this  time,  April  23,  1784,  Congress  had  taken 
no  steps  for  the  survey  and  sale  of  any  western  lands, 

*Merriam  12. 
tMerriam  Ord.    1787,  13. 


70        MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

and  therefore  there  were  no  lawful  settlers  upon  them 
except  In  connection  with  military  posts  or  on  some  old 
French  or  British  grants. 

But  the  human  tide  was  rising.  Already  it  was  top- 
ping the  Alleghanles  and  was  just  ready  to  pour  down 
through  the  valleys  of  the  Kanawha,  the  Holston,  the 
French  Broad  and  the  Ohio  into  the  beautiful  regions 
of  East  Tennessee  and  over  the  fertile  fields  of  Ken- 
tucky and  southern  Ohio.  It  was  time  for  Congress  to 
act;  and  in  1784,  Mr.  Jefferson  reported  "An  ordin- 
ance for  ascertaining  the  mode  of  locating  and  dis- 
posing of  the  lands  In  the  western  territory." 

This  ordinance  was  reported  on  April  30,  1784,  but 
it  went  over  until  the  next  session  without  action. 

When  Congress  reassembled,  Jefferson  was  already 
in  France  as  our  minister  plenipotentiary,  and  on  March 
16,  1785,  the  ordinance  was  recommitted  to  a  commit- 
tee of  twelve,  who'  reported  it  with  amendments,  and 
on  May  20th,  1785,  this  second  ordinance,  known  as 
the  ordinance  of  1785,  directly  affecting  Michigan  Ter- 
ritory was  enacted. 

There  are  only  three  provisions  of  this  ordinance 
that  we  need  to  especially  note ;  but  these  three  became 
a  permanent  part  of  our  land  policy,  and  deserve  more 
than  passing  attention. 

First,  it  provided  for  surveying  the  public  lands  Into 
rectangular  "townships"  six  miles  square,  without  ref- 
erence to  natural  boundaries,  and  for  subdividing  these 
into  sections  one  mile  square,  and  for  the  sale  of  these 
by  sections  and  lots. 


MICHIGAN  AS  A  TERRITORY  7 1 

Second,  it  inaugurated  the  policy  and  plan,  ever  since 
maintained,  of  reserving  the  central  section  (i6)  in 
each  township  for  the  support  of  schools. 

It  is  scarcely  possible  to  overestimate  the  beneficent 
influence  of  this  single  provision,  in  the  settlement  and 
Americanizing  of  our  newer  states,  now  extending  to 
the  Pacific. 

Third,  the  other  provision  referred  to  was  that  until 
a  temporary  government  shall  be  established  in  any 
state,  according  to  the  resolution  of  Congress  of  April, 
1784,  the  lands  therein  shall  pass  in  descent  and  dower 
according  to  the  customs  known  in  the  common  law 
by  the  name  of  "gavelkind,"  and  shall  be  transferable 
by  deed  or  will,"   etc.      *      *      * 

Powerful  movements  were  now  on  foot  for  the  estab- 
lishment of  considerable  communities  beyond  .  the 
mountains,  as  soon  as  lands  could  be  surveyed  and  titles 
obtained.  The  ordinances  of  1784  and  1785  had 
prepared  the  way  for  such'  surveys  and  settlements. 

The  ordinance  of  1784  was  not  a  practicable  work- 
ing constitution,  but  rather  a  declaration  of  purpose, 
but  that  and  the  land  ordinance  of  1785  paved  the  way 
for  the  coming  of  the  greater  ordinance  of  1787,  which 
was  a  practicable  plan  of  government  and  which  con- 
tinued to  be  Michigan's  only  territorial  constitution  un- 
til she  was  set  off  and  organized  under  the  act  of  1805. 


CHAPTER  IV 

Ordinance  of  1787 


THE  Ordinance  of  1787  was  an  evolution. 
It  was  never  "struck  out  at  a  single  heat" 
from  the  brain  of  any  man,  or  commit- 
tee of  men,  or  from  any  single  Con- 
gress. 
As  we  have  shown,  long  before  the  close  of  hostili- 
ties, even  a  year  before  the  surrender  of  Cornwallis  at 
Yorktown,  Congress  began  to  plan  for  the  future  organ- 
ization and  government  of  the  territory  which  it 
expected  to  acquire  from  Great  Britain,  or,  perhaps  it 
were  better  to  say,  to  retain,  through  the  treaty  of 
peace  and  independence. 

This  went  on  year  by  year,  through  successive  appeals 
to  the  states  and  successive  declarations  of  purposes, 
until  in  less  than  eight  months  after  the  definitive  treaty 
establishing  our  boundaries,  it  took  its  first  somewhat 
crude  form  in  the  ordinance  of  April  23,  1784.  But 
it  was  a  ground  work  on  which  to  build.  At  once  the 
building  began. 

Before  one  year  had  passed,  on  March  16,  1785, 
Rufus  King,  then  of  Massachusetts,  probably  moved 
thereto  by  a  letter  of  Colonel  Timothy  Pickering,*  intro- 
duced an  amendment  to  Jefferson's  ordinance,  prohibit- 
ing slavery  or  involuntary  servitude  "in  any  of  the  states 
described  in  the  Resolve  of  Congress  of  the  2^rd  of 
April,  1784,"  (Jefferson's  Ordinance)  and  further 
declaring  "this  regulation  shall  be  an  article  of  com- 
pact and  remain  a  fundamental  principle  of  the  Con- 


*Merriam  16. 

75 


76   MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

stitution  between  the  thirteen  original  states  and  each  of 
the  states  described  in  the  said  resolve  of  the  23rd  of 
April,  1784."* 

The  resolution  or  amendment  was  referred  to  a  com- 
mittee consisting  of  Mr.  King,  Mr.  Howell  and  Mr. 
Ellery.  The  journals  of  Congress  do  not  record  that 
the  committee  made  a  report,  but  the  report  itself,  on 
file  in  the  records  of  Congress,  shows  that  the  report 
was  filed  April  6,  1785,  and  as  reported  it  had  appended 
a  fugitive  slave  clause,  similar  to  that  eventually  embod- 
ied in  the  Ordinance  of  1787,  and  in  the  Constitution  of 
the  United  States. 

There  exists  no  record  to  show  that  the  amendment 
was  ever  discussed  or  acted  upon  by  Congress. 

It  will  be  observed  that  this  proposed  amendment  was 
as  broad  as  to  territorial  extent  as  was  Jefferson's  which 
was  stricken  out,  and  would  have  extended  its  opera- 
tion as  far  as  the  Florida  line. 

Next  In  order,  Mr.  Monroe  of  Virginia,  took  up  the 
theme,  and  after  reciting  at  length  the  inconveniences 
of  Jefferson's  division  of  the  northwest  Into  ten  states 
bounded  by  parallels  of  latitude  and  meridians  of 
longitude,  asked  that  Virginia  be  recommended  to 
modify  her  act  of  cession  so  that  Congress  might  divide 
that  domain  "lying  northerly  and  westerly  of  the  Ohio 
river  Into  distinct  republican  states,  not  more  than  jive 
nor  less  than  three."  etc. 


*Prof.  Hinsdale  says:  "Mr.  King  moved  to  commit  a  proposi- 
tion to  prohibit  slavery  in  the  northwest  immediately,  but  Con- 
gress never  acted  on  the  subject."  Old  Northwest  p.  273.  King's 
proposition  applied  to  the  whole  western  country  north  and  south. 


MICHIGAN  AS  A  TERRITORY  77 

This  proposal  was  referred  to  a  committee  of  which 
Monroe  was  chairman,  and  was  adopted  by  Congress. 
This  was  the  first  successful  amendment,  and  of  course 
practically  did  away  with  Jefferson's  scheme  of  ten 
states  bounded  by  parallels  and  meridians,  and  left  the 
number  and  boundaries  of  states  to  be  fixed  when  the 
action  of  Virginia  should  be  known. 

May  lo,  1786,  a  committee,  of  which  Monroe  was 
chairman,  made  report  on  a  motion  of  Nathan  Dane, 
of  Massachusetts,  (who  had  entered  Congress  in 
1785)  "for  considering  and  reporting  a  form  of  a  tem- 
porary government  for  the  western  states."  This  con- 
templated a  revulsion  of  Jefferson's  Ordinance  of  1784. 
Monroe's  report  provided  a  working  government  con- 
sisting of  a  governor,  secretary,  council  and  court;  also 
a  legislature  consisting  of  two  houses,  a  council  to  be 
appointed  and  the  other  a  house  elected  from  districts. 
All  money  bills  to  originate  in  the  popular  house.  The 
state  to  be  admitted  to  representation  in  Congress  when 
it  attained  a  population  equal  to  the  least  of  the  original 
states. 

It  will  be  well  to  remember  these  points  when  we 
come  to  consider  the  Ordinance  of  1787.  On  July  13, 
1786,  this  proposed  ordinance  was  recommitted. 

Before  the  subject  of  the  ordinance  for  the  govern- 
ment of  the  Northwest  Territory  was  again  brought 
before  Congress,  both  Monroe  of  Virginia,  and  Rufus 
King  of  Massachusetts,  had  resigned  their  seats  to  take 
their  place  in  the  Constitutional  Convention,  about  to 
assemble  in  Philadelphia.     Monroe  and  King  having 


78    MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

thus  dropped  out  of  the  committee,  Dane  (of  Mas- 
sachusetts) and  Henry  (of  Maryland)  were  appointed 
in  their  places,  and  Johnson  (Connecticut)  was  now 
chairman;  and  this  committee,  on  September  19,  1786, 
made  a  report,  which,  without  action,  went  over  to  the 
next  Congress,  This  is  known  as  "the  Johnson  Ordin- 
ance." It  made  many  changes  from  the  existing  ordin- 
ance, and  among  others  provided  for  the  writ  of  habeas 
corpus  and  trials  by  jury. 

The  report  having  lapsed  with  the  change  of  Con- 
gresses, it  was  again  brought  forward  April  26th,  1787, 
as  a  new  report  from  the  same  committee.  It  was  called 
up  May  9th,  and  May  loth  was  assigned  for  its  consid- 
eration and  third  reading;  but  that  day  was  taken  up 
with  a  privileged  motion  for  an  adjournment  to  Phila- 
delphia, where  the  Constitutional  Convention  was  as- 
sembling. 

From  May  i  ith  to  July  5th  there  was  no  quorum  in 
Congress,  and,  of  course,  no  legislation  could  be  had. 
On  July  9th  the  ordinance  was  taken  up  and  referred  to 
a  new  committee  consisting  of  Carrington,  Virginia; 
Dane,  Massachusetts;  R.  H.  Lee,  Virginia;  Keane, 
South  Carolina,  and  Smith  of  New  York.  The  ordin- 
ance so  referred  was  "the  Johnson  Ordinance,"  and  the 
ordinance  reported  out  on  July  11,  1787,  was  that 
ordinance  which  has  become  famous  as  the  Ordinance 
of  178J.  This  ordinance  was  adopted  and  became  the 
constitution  of  the  Northwest  Territory,  on  July  13th, 
only  two  days  after  it  was  reported,  and  that  by  a  unani- 


MICHIGAN  AS  A  TERRITORY  79 

mous  vote  of  the  eight  states  then  represented  in  Con- 
gress. 

This  ordinance  has  been  canonized  in  the  hearts  of 
the  American  people,  as  one  of  the  greatest  legislative 
acts  in  the  history  of  this  or  of  any  people. 

The  historian,  Bancroft,  speaks  of  it  as  "the  Great 
Ordinance."  Chief  Justice  Cooley  in  his  "Michigan'* 
terms  it  "immortal"  and  says  that  "no  charter  of  gov- 
ernment in  the  history  of  any  people  has  so  completely 
stood  the  tests  of  time  and  experience."  Senator  Hoar 
classes  it  with  the  Constitution  and  the  Declaration  of 
Independence. 

It  is  one  of  the  marvels  of  Providential  guidance 
that  out  of  a  Congress  almost  in  articulo  mortis,  con- 
sisting at  the  time  of  only  eighteen  members,  with 
scarcely  one  distinguished  name  among  them,  so  grand 
a  combination  of  fundamental  political  principles, 
united  in  one  legislative  act,  should  have  issued. 

On  the  day  of  its  adoption  only  eight  states  were 
represented,  three  northern  and  five  southern.  Every 
state  voted  in  the  affirmative  and  seventeen  of  the 
eighteen  members  voted  the  same  way.  The  only  nega- 
tive vote  was  that  of  Yates  of  New  York.  The  states 
and  members  voting  were  as  follows:  Holton  and 
Dane  (Massachusetts)  Smith,  Harring  and  Yates 
(New  York)  ;  Clark  and  Scheurman  (New  Jersey) 
Kearney  and  Mitchell  (Delaware)  Grayson,  Carring- 
ton  and  Lee  (Virginia)  Blount  and  Hawkins  (North 
Carolina)  Kean  and  Huger  (South  Carolina)  and  Few 
and    Pierce     (Georgia).      New    Hampshire,     Rhode 

118 


8o   MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

Island,  Connecticut,  Pennsylvania  and  Maryland  were 
unrepresented.  This  shows  how  completely  the  Con- 
gress of  the  Confederation  had  lost  its  hold  upon  the 
states  and  the  people. 

Around  no  act  or  document  affecting  the  great  North- 
west has  so  long  and  so  earnest  a  controversy  raged 
as  over  the  authorship  and  the  person  or  persons  or 
section  to  which  belongs  the  credit  of  originating  this 
great  title-deed  of  liberty. 

It  is  a  complete  working  scheme  of  government  for 
an  area  as  large  as  an  empire.  It  provides  for  the 
descent  and  distribution  of  estates,  and  a  comprehensive 
territorial  government  of  three  departments,  executive, 
judicial  and  legislative,  the  latter  to  consist  of  two 
branches,  and  until  the  legislature  is  organized,  for 
the  selecting  and  publishing  of  the  laws;  the  creation 
and  officering  of  the  militia;  the  appointment  of  magis- 
trates; the  prevention  of  crimes  and  injuries;  the  quali- 
fication of  electors  and  officers;  the  organization  of  the 
legislative  department;  and  the  election  of  delegates 
in  Congress. 

All  this  is  temporary,  and  will  pass  away  with  the 
territorial  condition;  but  now  follows  the  great  com- 
pact embodying  the  perpetual  and  imperishable  princi- 
ples on  which  these  new  states  shall  be  builded,  embraced 
in  six  great  Articles. 

Art.    I.     Perfect  religious  liberty. 

Art.  2.  The  right  to  the  writ  of  Habeas  Corpus 
and  trial  by  jury,  proportionate  representation,  offenses 
bailable,  fines  to  be  moderate.    Then  follows  the  pith  of 


MICHIGAN  AS  A  TERRITORY  8  I 

Magna  Charta  and  of  the  English  "Bill  of  Rights," 
and  the  declaration  of  the  absolute  Inviolability  of  pri- 
vate contracts. 

Art,  3 .  Deserves  to  be  recorded  in  letters  of  gold : 
"Religion,  Morality  and  Knowledge,  being  necessary  to 
good  government  and  the  happiness  of  mankind,  schools 
and  the  means  of  education  shall  forever  be  encour- 
aged."* 

Good  faith  shall  be  observed  toward  the  Indians. 

Art.  4.  The  said  Territory  and  the  states  which 
may  be  formed  therefrom  shall  forever  remain  a  part  of 
this  confederacy  of  the  United  States  of  America.  In- 
habitants to  pay  their  proportionate  share  of  the  taxes 
and  debts.  Legislatures  not  to  Interfere  with  the  pri- 
mary disposal  of  the  soil  by  the  United  States.  Non- 
resident proprietors  in  no  case  to  be  taxed  higher  than 
residents.  Navigable  waters,  etc.,  to  be  highways  and 
free. 

Art.  5.  Relates  to  the  formation  of  states  and  their 
boundaries.  States  to  be  admitted  into  the  union  when 
they  shall  have  60,000  free  Inhabitants. 

Art.  6.    Ordains  the  Immediate  and  total  prohibition 


*Nathan  Dane  of  Massachusetts  claims  the  authorship  of  Art.  3 
and  it  is  quite  possible  that  in  its  original  form  he  may  have  drafted 
it,  but  as  reported  from  the  committee  in  Dane's  handwriting,  it 
was  quite  different  from  the  form  in  which  it  was  adopted.  As 
reported  it  read  as  follows:  "Institutions  for  the  promotion  of 
religion,  morality,  schools  and  the  means  of  education  shall  forever 
be  encouraged,  and  all  persons  while  young  shall  be  taught  some 
useful  occupation."  The  words  "and  knowledge  being  necessary 
to  good  government  and  the  happiness  of  mankind"  are  interlined 
in  the  handwriting  of  Charles  Thompson,  the  secretary  of  Con- 
gress.    Original  Copy  in  Library  of  Congress. 


82        MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

of  slavery,  with  a  proviso  for  the  reclamation  of  fugi- 
tives from  service  or  labor. 

Here  we  have  religious  and  civil  liberty,  the  writ  of 
habeas  corpus,  trial  by  jury.  Magna  Charta,  the  Bill 
of  Rights,  equal  and  proportionate  representation,  fos- 
tered education,  good  faith  to  Indians,  inviolability  of 
private  contracts,  a  perpetual  union,  and  the  Declara- 
tion of  Independence  all  rolled  into  one  ordinance. 
Very  much  of  this  was,  within  a  few  weeks,  grafted  into 
the  Constitution  of  the  United  States  by  the  con- 
vention then  sitting  at  Philadelphia,  and  became  a 
permanent  part  of  the  Supreme  Law  of  the  Great 
American   Commonwealth. 

Not  only  was  much  of  its  material  incorporated  into 
the  Constitution,  but  it  has  served  as  a  model  for  the 
organization  of  many  other  territories,  Michigan 
among  them.* 


*Note.  To  any  who  may  care  to  trace  the  history  of  the  evo- 
lution and  development  of  this  remarkable  act  of  legislation,  we 
recommend  the  perusal  of  the  address  or  monograph  by  John  M. 
Merriam,  A.  M.  presented  at  the  semi-annual  meeting  of  the 
American  Antiquarian  Society,  April  25,  1888.  Mr.  Merriam  was 
at  the  time  private  secretary  to  Senator  Hoar  of  Massachusetts. 
We  know  of  nothing  fuller,  fairer  or  more  exhaustive.  For  those 
who  are  not  able  to  avail  themselves  of  this  very  able  discussion, 
a  note  will  be  found  in  the  appendix,  discussing  the  sources  from 
which  the  principal  parts  of  the  Ordinance  were  derived. 


CHAPTER  V 

First  European  Settlements  in  Michigan 


HAVING  shown  the  manner  In  which  the 
United  States  gained  possession  of  the 
Northwest,  the  boundaries  established 
and  the  constitution  provided  for  its 
government  while  It  should  remain  a 
Territory,  it  Is  now  time  to  take  up  the  successive  move- 
ments of  events.  But  first  there  are  a  few  dates, 
prior  to  the  treaty  of  peace,  which  may  properly 
be  briefly  noted  here  for  reference,  though  relating  to 
the  provincial  and  revolutionary  period. 

The  earliest  settlements, — or  rather  the  first  lodg- 
ments made  In  Michigan  by  the  French  were,  first,  at 
Sault  Ste.  Marie,  in  1668;  at  MIchilimackinac  in  1669; 
at  Fort  St.  Joseph,  at  the  mouth  of  the  River  St.  Joseph, 
1679,  and  at  Detroit,  1701.  None  of  these,  unless  we 
except  Cadillac's  coloney  at  Detroit,  were  "settlements" 
in  the  true  sense.  They  were  military  and  trading  posts 
and  the  headquarters  of  fur  hunters  and  traders. 

September  18,  1759,  Quebec  surrendered  to  the  Eng- 
lish, and  on  the  8th  of  September,  1760,  Montreal  and 
all  Its  dependencies  were  yielded  to  the  British.  This 
Included  not  only  most  of  what  Is  now  Canada,  but 
Detroit,  MIchilimackinac,  and  the  two  Michigan  penin- 
sulas. 

September  12,  1760,  Major  Robert  Rogers,  a  New 
Hampshire  militia  ranger,  was  directed  by  General 
Amherst  to  proceed  to  take  possession  of  Detroit  and 
MIchilimackinac;  and  on  November  29th,  of  that  year, 
he  marched  into  Fort  Pontchartrain,  which  then  con- 

85 


86   MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

stituted  Detroit,  and  French  rule  in  the  Michigan  penin- 
sulas was  at  an  end.* 

Michilimackinac  was  turned  over  as  soon  as  it  could 
be  reached  in  the  following  spring. 

Michigan  cut  no  figure  in  the  war  of  the  Revolution. 
The  echoes  of  that  long  and  sporadic  struggle  along 
theAtlantic  plateau  scarcely  penetrated  beyond  the  vast 
intervening  wilderness,  except  when,  for  a  time,  Lieu- 
tenant Governor  Hamilton  was  disturbed  in  his  scalp 
counting  by  the  audacious  and  picturesque  raid  of 
George  Rogers  Clark  on  Kaskaskia  and  Cahokia,  in 
lower  Illinois,  with  his  "army"  of  about  200  undisr 
ciplined  hunters  recruited  from  Kentucky ;  and  his  later 
march  on  Vincennes  on  the  Wabash. 

Governor  Hamilton  in  his  attempt  to  punish  the 
audacious  young  Virginian,  raised  his  Indian  allies,  and 
with  a  handful  of  regulars  and  a  few  militia,  recruited 
for  the  occasion  at  Detroit,  marched  to  Vincennes  in  the 
winter  of  1778-9,  where  he  promptly  surrendered  to 
Clark,  and  after  many  months  in  prison  at  Williams- 
burg (then  capital  of  Virginia),  he  returned  to  Eng- 
land. 

But  Clark's  "conquest"  cut  no  large  figure,  either 
in  negotiating  the  treaty  of  peace,  or  in  the  claims  of 
Virginia  to  the  northwest  territory. 

Rufus  King  in  his  History  of  Ohio  says: 

"Another  fallacy  is  in  assuming  that  the  'conquest' 
extended  farther  east  than  the  Wabash.    The  Territory 


♦Sheldon's  Early  History  of  Michigan  327. 


MICHIGAN  AS  A  TERRITORY  87 

of  Ohio  was  never  a  dependency  of  Vincennes,  but 
always  under  command  of  Detroit."* 

The  principal  effect  of  the  Revolution,  in  Michigan, 
was  the  organization  of  sundry  expeditions  of  savages 
under  the  auspices  of  Governor  Hamilton,  which  came 
down  with  tomahawk,  scalping  knife  and  fire  brand  on 
the  isolated  settlements  of  Kentucky. 

General  Cass  in  an  historical  address  or  "discourse" 
delivered  before  the  Michigan  Historical  Society  at 
Detroit,  in  1830,  with  more  than  his  usual  picturesque- 
ness,  says:  "War  parties  were  going  and  returning  dur- 
ing the  wht)le  progress  of  the  Revolution.  They  went 
with  presents  and  promises,  they  returned  with  scalps 
and  blood."t 

The  Defintive  Treaty  of  Peace  of  1783,  brought  the 
acknowledgment  of  independence,  but  it  did  not  bring 
peace  to  the  harried  and  nearly  exhausted  frontier  ter- 
ritories. Great  Britain  still  clung  to  the  military  posts 
and  stations  along  the  Canada  border,  from  Oswego, 
near  the  foot  of  Lake  Ontario,  on  the  east,  along  the 
new  international  boundary  to  the  Lake  of  the  Woods 
on  the  west.  She  courted  the  alliance  of  all  the  Indian 
tribes  along  the  border,  not  alone  those  which  had  been 
friendly  during  the  French  war,  but  those  which  had 
been  attached  to  the  French  as  well.  The  tribes,  who 
claimed  all  the  region  between  the  great  lakes  and  the 
Ohio  river,  had  come  to  recognize  the  fact  that  their 
danger  came  not  from  the  British  across  the  border  in 


♦King's  Ohio,  172. 
tHistorical  Sketches  42. 


88    MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

Canada,  but  rather  from  those  fearless,  aggressive  and 
turbulent  American  frontiersmen,  who  were  pouring  over 
the  mountain  ranges,  clad  in  buckskin  hunting  shirts,  and 
armed  with  long  hunting  rifles  and  knives,  which  gave 
them  among  the  Indians  the  name  "long  knives." 

Already  Kentucky  was  occupied,  largely  with  the  dis- 
banded Virginia  soldiers  of  the  Revolution,  and  the 
*'dark  and  bloody  ground"  was  hopelessly  lost  to  the 
native  tribes.  But  at  the  close  of  the  Revolution  they 
still  held  the  country  north  of  the  Ohio. 

In  the  same  year  that  the  "land  ordinance"  of  1785 
was  passed,  the  so-called  "treaty  of  Fort  Mcintosh"  had 
been  uegotiated  with  certain  chiefs  claiming  to  represent 
the  Wyandot,  Delaware,  Chippewa  and  Ottawa  nations; 
but  it  was  claimed  by  some  of  their  leaders  that  those 
chiefs  had  no  right  to  negotiate  or  sign  the  treaty,  and 
that  it  was  not  binding  without  the  assent  of  the  general 
council  of  the  confederation  to  which  those  tribes 
belonged,  and  the  treaty  did  not  bring  peace  or  security 
to  the  settlers  west  of  the  mountains. 

Joseph  Brant,  the  great  Shawanese  chief,  in  some 
sense  the  successor  of  Pontiac  as  the  head  of  the  western 
tribes,  held  the  treaty  of  Fort  Mcintosh  to  be  a  nullity, 
and  that  the  Indian  country  extended  to  the  Ohio  river. 

But  events  were  now  transpiring  which  would  per- 
cipitate  a  crisis  between  the  white  settlers  and  the  orig- 
inal occupants  of  the  soil. 

Even  before  his  retirement  from  the  head  of  the 
army,  Washington  had  pointed  his  old  comrades, 
Impoverished   and   disheartened  by   the   long  struggle 


MICHIGAN  AS  A  TERRITORY  89 

and  their  failure  to  receive  just  compensation  for  their 
services,  to  the  western  country,  and  especially  to  the 
Ohio  Valley,  as  the  place  where  they  might  retrieve 
their  losses,  and  regain  the  competence  and  comfort 
which  many  of  them  had  lost  by  the  war. 

It  was  in  1785  also  that  two  veteran  soldiers  of  New 
England  made  tours  of  exploration  and  observation 
to  the  Ohio  country ;  these  were  General  Benjamin  Tup- 
per,  who  had  charge  of  the  surveys  under  the  land  ordin- 
ance, and  General  Samuel  Holden  Parsons  of  Connecti- 
cut, who  descended  the  Ohio,  as  far  as  the  falls,  inspired 
thereto,  perhaps,  by  Washington's  prophetic  vision  of 
prosperity  to  be  regained  there.  These  men  returned  to 
the  East  fired  with  enthusiasm  for  the  western  country, 
and  circulated  such  a  favorable  report  that  many  Revo- 
lutionary soldiers,  largely  officers,  joined  in  a  movement 
to  secure  a  grant  of  land  between  the  Ohio  and  Lake 
Erie. 

On  January  10,  1786,  General  Rufus  Putnam  and 
General  Benjamin  Tupper  issued  a  call  for  all  those 
interested  in  the  Ohio  scheme  to  choose  delegates  to 
meet  at  the  "Bunch  of  Grapes"  tavern  in  Boston  on  the 
first  day  of  March,  1786,  at  ten  o'clock  A.  M.,  then 
and  there  to  consider  and  agree  on  a  general  plan,  etc.* 

The  delegates  met  at  the  time  and  place  proposed 
and  on  March  3rd,  the  Ohio  Company  of  Associates 
was  organized. t  A  committee  was  appointed  to  trans- 
act necessary  business  until  directors  should  be  elected, 


*Cutler  179-180. 
+Cutler  184. 


90    MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

and  on  March  8th,  at  "Bracketts  Tavern,"  Boston,  Gen- 
eral Samuel  H.  Parsons,  General  Rufus  Putnam  and 
Reverend  Manasseh  Cutler  were  chosen  directors. 
Articles  of  association  and  agreement  had  been  adopted 
on  the  3rd. 

It  was  made  the  duty  of  the  directors  to  make  Imme- 
diate application  for  the  purchase  of  lands  "such  as 
they  shall  deem  adequate  to  the  purposes  of  the  com- 
pany." The  rest  of  the  year,  1786,  was  consumed  In 
raising  the  necessary  funds,  and  In  preparing  to  secure 
the  purchase  of  lands. 

First,  General  Parsons  made  a  trip  to  New  York  with 
the  object  of  making  terms  with  Congress,  but  failed. 
During  the  spring  and  early  summer  of  1787,  Congress 
was  without  a  quorum,  so  that  nothing  could'  be  accom- 
plished. But,  as  we  have  seen  in  a  previous  chapter, 
in  July,  1787,  the  ordinance  for  the  government  of  the 
territory  northwest  of  the  Ohio  was  adopted,  and  the 
purchase  of  lands  was  accomplished  through  Reverend 
Manasseh  Cutler  and  Major  WInthrop  Sargent,  the 
secretary  of  the  Ohio  Company. 

At  a  meeting  of  the  company  held  at  Bracketts  Tav- 
ern August  31,  1787,  it  was  determined  "to  send  men 
this  fall  into  the  Ohio  country,"  and  on  Monday, 
December  3rd,  a  part  of  the  men  going  to  the  Ohio 
started  from  Ispwich*  for  the  west.  This  advance  party 
went  under  the  leadership  of  General  Rufus  Putnam  to 
settle  at  the  mouth  of  the  Muskingum  river,  which 
place  they  reached  April  8th,   1788. 


*The  home  of  Manasseh  Cutler. 


MICHIGAN  AS  A  TERRITORY  9  I 

This  was  the  advance  guard  of  the  Ohio  Company, 
which  brought  in  the  first  New  England  settlers,  but 
they  were  by  no  means  the  first  white  people  to  take 
up  an  abode — as  "squatters"  or  otherwise — in  the  val- 
ley of  the  Ohio. 

Even  before  the  lawful  surveys  of  the  first  "seven 
ranges"  commenced  under  General  Tupper  in  1785, 
there  were  hundreds  of  them  scattered  along  the  river 
from  Fort  Mcintosh  at  the  mouth  of  the  Beaver,  down 
to  the  falls,  and  extending  up  some  of  the  tributaries 
on  the  north  a  distance  of  as  much  as  thirty  miles. 

Colonel  Broadhead,  commanding  at  Pittsburg, 
reported  to  Washington  as  early  as  October,  1778,  these 
illegal  settlements  and  sent  a  force  to  eject  the  settlers, 
but  with  little  result.*  At  some  points  the  officer  found 
organized  communities  who  had  elected  magistrates, 
and  one  man,  Ross,  who  announced  that  he  was  going 
to  Congress  to  vindicate  himself  and  the  other  settlers 
from  the  charge  of  being  unlawfully  on  the  Indian 
lands. 

At  the  so-called  treaty  of  Fort  Mcintosh,  made  in 
January,  1785,  the  principal  complaint  of  the  Indians 
was  of  these  illegal  settlements  north  of  the  Ohio,  and 
the  chief  object  of  the  treaty  was  to  extinguish  the 
Indian  title  so  that  surveys  and  sales  by  the  United 
States  might  proceed.  There  was  no  civil  government 
in  that  region,  and  the  military  government  was  inef- 
ficient and  ineffectual. 

But  with  the  coming  of  the  Ohio  Company  came  also 

♦King   192. 


92        MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

civil  government.  As  we  have  seen,  the  ordinance 
for  the  government  of  the  territory  northwest  of  the 
Ohio  was  passed  July  13,  1787,  and  the  sale  of  nearly 
6,000,000  acres  of  land  to  the  Ohio  and  Scioto  com- 
panies was  completed  In  October  of  the  same  year,  and 
the  surveys  of  the  land  were  being  pushed  forward  with 
energy.  It  was  a  part  of  Reverend  Manasseh  Cutler's 
mission  to  Congress,  as  agent  of  the  Ohio  Company,  to 
secure  the  Institution  of  civil  government  in  the  region 
which  his  companies  were  to  settle;  and  It  had  been 
Intended  that  General  Samuel  H.  Parsons  of  Connec- 
ticut, should  be  appointed  first  governor.  But  he  found 
opposition  to  Parsons  In  Congress,  and  was  obliged  to 
compromise  on  General  Arthur  St.  Clair,  then  Presi- 
dent of  Congress,  as  governor.  The  other  officers  of 
the  new  teritory  were  as  follows:  Judges  Samuel  H. 
Parsons,  John  Armstrong*  and  James  M.  Varnum;  sec- 
retary of  the  territory.  Major  WInthrop  Sargent,  who 
was  also  secretary  of  the  Ohio  Company. 

These  appointments  were  made  In  October,  1787, 
but  as  there  was  practically  no  one  to  govern  in  the 
territor)',  they  did  not  arrive  at  the  mouth  of  the  Mus- 
kingum until  July,  1788.  The  new  town  was  named 
Marietta,  and  thtre  on  the  17th  of  July,  1788,  the  first 
civil  government,  embracing  Michigan  within  Its  juris- 
diction, was  established  with  due  ceremonial. 

Under  the  French  and  British  regime,  Detroit  and 
MIchllimacklnac — which  constituted  the   Michigan  of 


♦Armstrong  did  not  serve,  and  John  Cleve  Symmes  was  ap- 
pointed in  his  place. 


MICHIGAN  AS  A  TERRITORY  93 

that  day — were  under  the  absolute  rule  of  the  military 
commandant  and  the  priest.  The  commandant  was 
nearly  absolute  except  in  the  moral  and  religious  affairs 
which  came  within  the  special  jurisdiction  of  the  priest. 

It  is  not  within  the  scope  or  purpose  of  this  history  to 
trace  with  fullness  the  rise  and  growth  of  the  new  North- 
west Territor)'.  Marietta  increased  so  that  in  1790, 
two  years  after  the  first  clearing  was  made,  it  contained 
eighty  houses.  But  Indian  hostilities  and  deprada- 
tions  continued.  Notwithstanding  the  so-called  treaty 
of  Fort  Mcintosh  of  1785,  the  great  body  of  the 
Indians  still  considered  the  country  north  of  the  Ohio 
as  Indian  country,  and  were  not  inclined  to  yield  it 
without  a  fight. 

In  regard  to  this  and  other  Indian  treaties,  Rufus 
King  in  his  history  of  Ohio,  says :  "To  open  the  way 
for  surveys  and  sales  of  the  western  lands  and  to  induce 
immigration,  it  was  essential  to  obtain  the  Indian  title. 
A  board  of  commissioners  had  been  established  for  this 
purpose  in  1784.  Instead  of  seeking  peace  and  friend- 
ship through  the  great  council  of  the  northwestern  con- 
federacy, which  had  now  transferred  its  annual  meet- 
ings from  the  Scioto  to  the  Rapids  of  the  Maumee  (near 
Toledo)  these  officials  adopted  the  policy  of  dealing 
with  the  tribes  separately.  Year  after  year  they  treated 
with  sundry  gatherings  of  unauthorized  and  irresponsi- 
ble savages,  at  what  are  known  as  the  treaties  of  Fort 
Stanwix  In  October,  1784,  Fort  Mcintosh  (mouth  of 
Big  Beaver)  in  January,  1785,  Fort  Finney  (near 
the  mouth  of  the  Big  Miama)   in  January,   1786,  and 


94   MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

Fort  Harmar  (mouth  of  Muskingam)  In  January, 
1789.  By  these  proceedings  it  was  given  out  and  pop- 
ularly supposed  that  the  Indian  tribes  on  the  Ohio  had 
acknowledged  the  sovereignty  of  the  United  States  and 
surrendered  all  the  territory  south  and  east  of  a  line 
which  passed  up  the  Cuyahoga  river,  and  across  the 
portage  to  the  Tuscarawas,  then  descending  this  stream 
to  Fort  Laurens,  thence  running  west  to  the  portage 
between  the  heads  of  the  Big  Miami  and  the  Auglaize 
rivers  to  Lake  Erie. 

Congress  was  under  the  delusion  that  it  had  acquired 
the  Indian  title  and  full  dominion  of  all  thfe  lands 
between  this  line  and  the  Ohio  river.  The  mischief  of 
these  travesties  was  soon  discovered  in  new  raids  and 
murders  perpetrated  upon  the  settlers  of  the  govern- 
ment lands  by  the  very  tribes  ignorantly  reported  and 
supposed  to  have  ceded  the  territory."* 

In  December,  1786,  the  confederated  tribes  sent  a 
"speech"  or  address  to  Congress,  supposed  to  have  been 
the  work  of  Brant,  in  which  the  source  of  the  Indian 
discontent  and  restlessness  was  clearly  pointed  out. 
Among  other  things  it  declared : 

"We  think  the  mischief  and  confusion  which  has  followed  is 
owing  to  your  having  managed  everything  respecting  us  in  your 
own  way.  You  kindled  your  council  fires  where  you  thought 
proper  without  consulting  us,  at  which  you  held  separate  treaties, 
and  have  entirely  neglected  our  plan  of  having  a  general  confer- 
ence with  the  different  nations  of  the  confederacy.     *    *    * 

Let  us  have  a  treaty  with  you  early  in  the  spring.  We  say  let 
us  meet  half  way,  and  let  us  pursue  such  steps  as  become  upright 


*King  174  et  seq. 


MICHIGAN  AS  A  TERRITORY  95 

and  honest  men.     We  beg  that  you  will  prevent  your  surveyors 
and  other  people  from  coming  on  our  side  of  the  Ohio  river." 

But  the  Congress  and  the  western  officials  disregarded 
the  suggestion,  and  In  1789,  the  so-called  treaty 
of  Fort  Harmer  was  negotiated  and  signed,  in  the  same 
old  way,  without  any  reference  to  the  general  coun- 
cil. 

The  reason  that  Governor  St.  Clair  gave  for  this  was 
"A  jealousy  between  them  (the  tribes)  which  I  was  not 
willing  to  lessen  by  appearing  to  consider  them  as  one 
people.  I  am  persuaded  that  their  general  confeder- 
acy Is  entirely  broken." 

This  was  In  1789,  and  the  events  of  1790,  i79i-'3 
and  '4  were  to  demonstrate  how  sadly  General  St.  Clair 
was  in  error;  an  error  he  realized  In  its  full  extent  and 
meaning  when  on  the  evening  of  November  4,  1791, 
one-half  of  his  entire  army  lay  dead  on  the  bloody  field 
of  "St.  Clair's  defeat"  on  the  banks  of  the  Wabash. 


n-7 


CHAPTER  VI 
The  Harmar,  St.  Clair  and  Wayne  Campaigns 


IN  previous  chapters  we  have  in  a  very  brief  man- 
ner told  the  story  of  the  so-called  treaties  of 
Fort  Mcintosh  and  Fort  Harmer,  or,  as  the 
Indians  more  often  called  the  latter,  the  treaty 
of   the   Muskingum. 

Passing  now  over  a  period  of  nearly  six  years  dur- 
ing which  almost  constant  hostilities  were  going  on, 
we  come  to  the  treaty  of  Greenville,  signed  at  Green- 
ville, Ohio,  August  3,  1795,  as  the  result  of  General 
Anthony  Wayne's  crushing  defeat  of  the  confederated 
or  allied  tribes  in  the  battle  of  Fallen  Timbers,  at  the 
Rapids  of  the  Miami  (or  Maumee),  August  20,  1794. 

This  treaty  embraced  all  the  tribes  which  had  con- 
federated under  Brant,  to  establish  the  Indian  boundary 
at  the  Ohio  river.  It  included  the  Wyandots,  Dela- 
wares,  Shawanese,  Ottawas,  Chippewas,  Pottawata- 
mies,  Miamies,  Eel  Rivers,  Weas,  Kickapoos,  Pianke- 
shaws  and   Kaskaskias. 

But  before  discussing  the  treaty  itself,  it  will  be  neces- 
sary to  refer  to  the  events  and  conditions  leading  up  to 
it.  As  we  have  already  seen.  Brant  and  his  followers 
held  the  treaties  of  Mcintosh  and  Muskingum  to  be 
invalid  and  of  no  binding  force  on  the  confederacy,  or 
on  the  tribes,  because  made  by  unauthorized  chiefs 
without  the  consent  or  ratification  of  the  confedera- 
tion. 

President  Washington  hiad  adopted  the  general  policy 
of  seeking  to  maintain  peace  with  the  western  tribes, 
and  in  good  faith  had  appointed  commissioners  to  treat 
with  them ;   but  the  constant  raids  by  frontiersmen  on 

99 


lOO  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

the  Indians,  with  no  other  authority  than  their  own  will, 
and  counter  attacks,  surprises  and  murders  by  the  Indi- 
ans, rendered  it  quite  impossible  to  maintain  it. 

There  were  not  wanting  in  those  days  people  who 
believed  in  the  theory  enunciated  in  modem  times,  that 
"there  are  no  good  Indians  but  dead  Indians,"  and 
who  were  ready  and  willing  to  make  as  many  "good" 
Indians  as  possible,  according  to  that  formula. 

An  expedition  of  considerable  magnitude  was  now 
organized  under  Harmar,  (who  had  been  promoted  to 
Brigadier  General),  during  the  summer  and  fall  of 
1790.  On  September  26th  the  expedition  set  out  from 
Fort  Washington   (Cincinnati)   about  1,450  strong. 

As  General  Harmar  advanced,  the  Miamies  retired, 
abandoning  their  villages,  which  Harmar  proceeded  to 
destroy.  But  the  militia,  especially  the  Kentuckians, 
wanted  more  fighting,  and  went  beyond  instructions, 
with  the  result  that  in  two  ambuscades  they  were  so 
roughly  handled  that  the  army  returned  to  Ft.  Wash- 
ington in  a  demoralized  condition. 

The  country,  as  usual  in  such  cases,  demanded  another 
and  larger  expedition,  in  order  to  retrieve  thfe  prestige 
lost  in  the  first.  Congress  responded  with  authority 
to  recruit  a  second  regiment  of  "regulars"  (the  "army" 
had  previously  consisted  of  one  small  regiment)  and 
also  provided  for  calling  out  fifteen  hundred  militia. 

Enlistments  were  limited  to  six  months.  The  com- 
missary and  quartermaster's  departments  were  made 
political  "jobs"  and  proved  miserable  failures.  The 
expedition  should  have  started  in  the  early  days  of  July, 


MICHIGAN  AS  A  TERRITORY  lOI 

but  It  was  the  17th  of  September  before  It  got  off. 
The  command  was  entrusted  to  Gov.  St.  Clair,  who 
was  made  a  Major  General  for  that  purpose,  and 
Colonel  Richard  Butler  of  Pennsylvania  was  made  Brig- 
adier General  and  second  In  command.  They  advanced 
slowly,  St.  Clair  delaying  nearly  a  month  to  build  forts 
Hamilton  and  Jefferson. 

Meanwhile  the  time  of  many  of  the  short-term  men 
was  expiring,  and  they  were  rapidly  deserting;  the 
bonds  of  discipline  were  relaxed,  coherence  was  lost, 
and  In  addition  to  all  the  rest,  St.  Clair  himself  was  too 
111  to  mount  without  assistance.  Under  these  distressing 
circumstances,  St.  Clair  encamped  on  the  night  of 
November  3rd  on  the  banks  of  a  stream  he  did  not 
know,  but  which  proved  to  be  the  upper  Wabash,  where 
Fort  Recovery  was  afterwards  built.  During  the  night 
his  force  was  surrounded  by  a  thousand  warriors  of  the 
confederated  tribes  under  the  command  of  "Little  Tur- 
tle," the  Miami  Sachem. 

Before  dawn  of  November  4th,  the  Indians  attacked 
with  impetuous  fury.  The  battle  raged  during  several 
hours,  but  It  was  lost  from  the  very  beginning,  and 
when  night  closed  down,  it  found  one-half  of  General 
St.  Clair's  force — 894  It  Is  said — stark  and  stiff  in  death. 
It  was  the  most  disastrous  defeat  Inflicted  by  Indians 
upon  Americans  until  the  battle  of  Little  Big-Hom, 
almost  eighty  years  afterward. 

There  was  a  rude  ballad  which  was  sung  In  the  cabins 
of  Ohio  and  Kentucky  for  many  a  year  after,  one  verse 
of  which  is  graphically  descriptive. 


102  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

"The  word  'retreat'  being  passed  around,  there  was  a  dismal 
cry. 

"WTien  helter-skelter  through  the  woods,  like  wolves  and 
sheep  they  fly; 

"This  well  appointed  army,  which  but  a  day  before 

"Defied  and  braved  all  danger,  had  like  a  cloud  passed  o'er." 

The  practical  failure  of  Harmar's  expedition,  and  the 
crushing  defeat  of  St.  Clair's  filled  the  west  with 
rage  and  the  country  with  consternation. 

Washington  saw  clearly  that  unless  the  Indians  could 
be  defeated  and  thoroughly  subdued,  the  Ohio  coun- 
try would  thereafter  be  uinhabitable  by  white  settlers, 
and  that  was  just  what  the  Indians  were  fighting  for. 

But  the  President  determined  to  make  one  last  effort 
for  peace  without  further  bloodshed,  though  of  course, 
the  Indian  warriors  were  in  no  state  of  mind  to  listen 
to  any  proposition  less  than  the  Ohio  river  boundary, 
for  which  they  had  contended.  But  while  Congress  was 
going  forward  to  prepare  the  men  and  the  means  for  a 
new  and  much  more  formidable  expedition,  the  Presi- 
dent appointed  a  strong  and  able  commission  consisting 
of  General  Benjamin  Lincoln,  Beverly  Randolph  and 
Timothy  Pickering,  to  treat  for  peace. 

The  great  Council  of  the  Indian  Confederacy  met 
at  Grand  Glaize  in  September,  1792,  and  agreed  to 
meet  the  President's  commissioners  at  the  Rapids  of  the 
Maumee  in  the  spring  of  1793.  It  was  July,  1793, 
when  Brant  and  fifty  sachems  and  warriors  met  them, but 
showed  no  disposition  to  treat  in  good  faith.  The  com- 
missioners were  taken  to  the  mouth  of  the  Detroit  river, 
where  they  were  lodged  at  the  house  of  Elliott,  the 


MAP  OF  BRI  riSH  AND  INDIAN  CAMPAIGNS 


MICHIGAN  AS  A  TERRITORY         IO3 

notorious  British  Indian  agent.  All  that  part  of  the 
country  from  the  Rapids  of  the  Maumee  to  Detroit 
was  then  held  by  the  British,  and  this  conference  was 
held  within  the  British  military  lines.  Here  the  chiefs 
announced  to  the  commissioners  their  ultimatum;  the 
withdrawal  of  the  surveying  parties;  and  the  Ohio 
river  as  the  Indian  boundary.  Thfe  commissioners 
declared  to  them  that  this  was  quite  impossible,  and  the 
conference  broke  up,  and  the  commissioners  returned. 

It  is  evident  that  the  chiefs  had  been  rendered  con- 
fident and  defiant  by  the  defeat  of  Harmar  and  St. 
Clair. 

Meanwhile  General  Anthony  Wayne,  to  whom 
Washington  had  intrusted  the  command  of  thte  new 
expedition,  was  assembling  and  drilling  his  troops  and 
preparing  for  the  expected  alternative.  He  had 
demanded  as  a  condition  of  accepting  command  a  longer 
term  of  enlistment  for  his  troops,  that  there  might  be 
time  for  whipping  the  rude,  undisciplined  and  often 
Insubordinate  frontiersmen  and  the  rough  and  royster- 
ing  recruits  from  the  river  towns  into  some  semblance 
of  real  soldiers.  He  required  two  years  as  the  term 
of  service. 

In  April,  1793,  he  descended  the  Ohio  river  with 
about  2,500  men  of  his  "legion,"  including  infantry, 
cavalry  and  artillery,  and  encamped  at  Fort  Washing- 
ton (Cincinnati),  where  he  was  when  he  learned  by 
special  messenger  of  the  failure  of  the  commissioners, 
and  knew  that  an  Indian  war  was  Inevitable. 

There  now  seems  little  doubt  that  this  result  was 


I04  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

brought  about  in  great  part  by  the  machinations  of  the 
British,  especially  through  the  influence  of  McKee  and 
Elliott,  the  British  agents,  and  even  of  Governor  Sim- 
coe  himself.  Wayne  appreciated  the  situation,  and 
desiring  to  be  prepared  for  any  aspect  the  campaign 
might  develop,  he  insisted  upon  a  thousand  mounted 
men  from  Kentucky,  and  an  unusually  large  contingent 
of  artillery.  In  fact  so  formidable  did  his  force  appear 
that  it  was  claimed  by  the  British  officials  that  the  expe- 
dition was  really  aimed  at  Detroit,  rather  than  the 
Indian  towns  on  the  Miami.  There  may  possibly  have 
been  some  grain  of  truth  in  the  idea. 

Wayne  had  held  several  conferences  with  President 
Washington  in  regard  to  his  expedition,  and  they  may 
have  talked  of  other  things  than  the  best  way  of  fight- 
ing Indians. 

It  was  already  ten  years  since  the  treaty  of  peace  was 
signed,  and  yet  the  British  showed  no  intention  of  with- 
drawing from  our  territory,  and  international  feeling 
was  nearing  the  acute  stage,  and  Wayne's  force  did  look 
rather  formidable  in  the  items  of  artillery  and  cavalry 
for  a  strictly  Indian  campaign. 

Be  that  as  it  may,  the  first  thing  on  hand  was  to  break 
the  Indian  confederacy,  and  so  in  September  Wayne 
moved  out  from  Fort  Washington  with  2,600  troops 
and  was  later  joined  by  his  thousand  mounted  men 
from  Kentucky.  On  October  13th  he  reached  and 
camped  at  a  point  six  miles  beyond  Fort  Jefferson,  which 
he  named  Greenville,  and  where  he  spent  the  winter 
of  1793-4  in  drilling  and  disciplining  his  men,  secure 


MICHIGAN  AS  A  TERRITORY  IO5 

from  the  dissipations  of  the  river  towns,  and  accustom- 
ing them  to  forest  life  and  the  modes  of  attack  and 
defense  in  Indian  warfare.  His  mounted  men  were 
getting  plenty  of  experience  in  protecting  his  line  of 
supply,  and  all  were  becoming  hardened  and  welded  into 
a  compact  little  army.  Having  built  Fort  Recovery 
on  the  scene  of  St.  Clair's  disastrous  fight  and  slaugh- 
ter, in  the  spring  of  1794,  he  advanced  slowly  and  cau- 
tiously building  roads  and  block  houses  as  he  advanced, 
until  in  the  beginning  of  August  he  arrived  at  the  junc- 
tion of  the  Auglaize  and  the  Maumee,  where  he  built 
Fort  Defiance.  The  Indians  had  abandoned  their  towns 
and  retired  down  the  Maumee. 

In  June  the  Confederates  had  opened  the  campaign 
by  a  two  days  attack  upon  Fort  Recovery,  but  had  been 
beaten  off  with  heavy  loss.  On  the  28th  of  July,  Wayne 
had  advanced  from  Greenville  to  Fort  Recovery,  feint- 
ing with  his  cavalry  in  other  directions.  The  Indians 
were  at  a  loss  to  understand  his  strategy.  It  was  wholly 
different  from  anything  they  h^ad  before  encountered. 

The  region  about  the  junction  of  the  Great  Glaize 
and  the  Maumee  was  the  centre,  or  as  Wayne  called 
it  the  "Great  Emporium"  of  the  Indian  Confederacy. 
Here  were  the  most  extensive  cultivated  fields  in  Indian 
America.  There  were  almost  continuous  villages 
extending  for  many  miles  up  and  down  the  rivers.* 

From  this  point,  Wayne,  desirous,  in  pursuance  of 
Washington's  policy,  to  make  a  last  attempt  for  peace 


♦Hildreth    History   IV,   521. 


I06     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

without  bloodshed,  sent  a  message  to  the  chiefs,  offering 
a  firm  and  lasting  peace,  upon  the  basis  of  the  treaty 
of  Muskingum.  But  the  Indians  were  under  British 
influences,  and  Governor  Simcoe  did  not  desire  that  this 
Indian  thorn  should  be  removed  from  the  side  of  the 
new  Northwest  Territory,  and  the  Indians  retired  to 
the  immediate  vicinity  of  Fort  Miami  at  the  foot  of  the 
Rapids,  which  Simcoe  had  caused  to  be  erected  in  the 
spring  of  1794.  The  building  of  this  fort  was  regarded 
as  an  act  of  positive  aggression  upon  our  territory,  and 
gave  color  to  the  claim  that  Governor  Simcoe  believed 
that  General  Wayne's  real  objective  was  Detroit,  rather 
more  than  the  Indian  allies.  Wayne  continued  his  delib- 
erate advance  down  the  north  side  of  the  Maumee,  and 
on  the  19th  of  August  arrived  within  five  miles  of  Fort 
Miami. 

On  the  morning  of  the  20th  he  advanced  to  the 
Lower  Rapids,  and  within  one  mile  of  the  British  fort, 
upon  which  the  Indians  relied  for  moral  if  not  military 
support,  where  he  found  the  Confederated  Indians 
drawn  up  in  battle  line  under  Chief  "Little  Turtle," 
assisted  by  Blue  Jacket,  with  their  left  resting  on  the 
Maumee  and  their  right  extending  nearly  two  miles 
inland. 

The  Indians  were  posted  behind  a  "windfall"  of 
timber  which  had  been  thrown  down  by  a  tornado. 
Wayne's  plan  of  action  was  to  first  attack  the  center  of 
the  line,  and  when  the  action  was  well  on,  the  center 
to  fall  back  and  draw  the  enemy  from  behind  their 


MICHIGAN  AS  A  TERRITORY  IO7 

tornado-made  stronghold,  when  he  would  push  his  real 
attack  upon  the  two  flanks  with  his  mounted  troops 
and  take  the  savages  in  flank  and  rear.  The  plan  did 
not  work  perfectly,  the  morning  being  rainy  and  the 
signal  for  the  charge  by  the  drums  being  imperfectly 
heard.  But  the  mounted  Kentuckians  on  the  right,  next 
the  river,  found  a  passage  unobstructed  by  the  fallen 
timbers,  through  which  they  poured,  and  turned  in  a 
fierce  charge  upon  IJttle  Turtle's  left  flank  and  rear.  At 
the  same  time,  Wayne's  Legion  charged  in  front,  broke 
through  the  defense  of  fallen  trees,  and  before  the  turn- 
ing movement  on  the  left  could  be  executed,  the  Indians 
were  completely  broken  and  scattered  in  flight  through 
the  woods,  with  many  of  their  most  warlike  chiefs  slain 
in  battle,  and  the  hope  of  aid  from  the  fort  gone. 
When  some  of  the  vanquished  would  have  taken  refuge 
in  the  fort,  they  found  the  gates  mercilessly  closed  in 
their  faces. 

The  fort  was  occupied  by  three  companies  of  the 
24th  Infantry  (Royal)  commanded  by  Major  Camp- 
bell from  the  Detroit  garrison.  In  pursuing  the  Indians, 
Wayne  marched  a  part  of  his  troops  under  the  guns  of 
Fort  Miami  (which  was  built  on  land  belonging  to 
McKee,  the  Indian  agent)  and  against  this  indignity,  as 
he  regarded  it.  Major  Campbell  protested  to  Wayne. 
General  Wayne  replied  in  tart  and  rather  undiplomatic 
language,  in  eftect,  that  Campbell  had  no  business  there, 
as  it  was  American  soil,  and  the  fort  had  been  built 
since  the  treaty  of  peace,  and  intimated  quite  broadly 


I08  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

that  if  the  Major  was  looking  for  trouble,  he  could 
have  it  on  the  shortest  notice.* 

With  the  close  of  the  battle  of  Fallen  Timbers, 
August  20,  1794,  two  great  hopes  perished  in  the  same 
hour;  first  the  hope  of  Brant  and  his  fellow  chiefs  of 
restoring  the  Ohio  as  the  boundary  of  the  Indian  coun- 
try, and,  second,  the  hope  of  the  British  of  reannexing 
the  Northwest  Territory  to  the  British  possessions,  and 
erecting  a  "buffer  state"  under  savage  domination 
between  Canada  and  the  American  frontier. 

It  was  probably  not  inopportune  with  reference  to  the 
execution  of  the  Jay  treaty  that  Major  General 
Anthony  Wayne,  late  of  Stony  Point,  was  in  command 
of  a  large  and  well  appointed  and  victorious  army  not 
far  from  the  northwest  posts. 

The  remnant  of  the  Indian  army  to  the  number  of 
1,300  having  taken  refuge  under  the  British  flag  at 
Detroit,  Wayne  now  swept  the  valleys  of  the  Maumee 
and  the  Auglaize  with  fire  and  sword,  burning  the  vil- 
lages, laying  waste  the  fields  and  destroying  the  means 
of  subsistence  for  the  coming  winter.  Then  he  slowly 
retired  to  Greenville,  where  during  the  ensuing  winter 
he  concluded  a  preliminary  treaty  of  peace  with  several 


♦Note.  General  H.  M.  Duffield  in  his  historical  address  at  the 
Centennial  celebration  of  the  evacuation  of  Detroit,  July  11,  1896, 
says:  "There  is  no  doubt  that  in  this  battle  (Fallen  Timbers)  a  de- 
tachment of  militia  from  Detroit  were  associated  and  fought  with 
the  Indians.  General  Wayne  in  his  official  report  describes  the  en- 
emy as  'a  combined  force  of  hostile  Indians  and  a  considerable 
number  of  volunteers  and  militia  of  Detroit.'  A  Mr.  Smith,  clerk 
of  the  Court  at  Detroit  was  killed  tin  the  action  at  the  head  of  a 
company  which  fought  against  the  Americans."  But  Hildreth  re- 
gards this  as  "utterly  improbable"  though  on  what  grounds  he  does 
not  disclose.    IV  History  522.    Also  Gen.  Cass'  Address  45. 


MICHIGAN  AS  A  TERRITORY         IO9 

of  the  most  Influential  nations,  and  agreed  upon  a  gen- 
eral council  at  Greenville  in  June  following. 

Though  Simcoe,  McKee,  Elliott  and  Girty  still 
plotted  and  sought  to  stir  up  trouble,  it  was  all  in  vain, 
for  on  November  19th,  just  three  months  after  Fallen 
Timbers,  Jay's  treaty  was  signed  in  London  by  which 
it  was  definitely  agreed  that  the  posts  should  be  surren- 
dered by  June  i,  1796. 


CHAPTER  VII 

The  Treaty  of  Greenville 


ii-« 


THE  battle  of  Fallen  Timbers  was  not  a 
great  battle.  The  entire  number  actu- 
ally engaged  on  both  sides  probably  did 
not  exceed  four  thousand,  for  a  con- 
siderable part  of  Wayne's  forces  did  not 
become  actually  engaged.  But  it  was  one  of  the  deci- 
sive battles  in  American  history.  It  terminated  the 
Indian  warfare  which  had  continued  almost  without 
interruption  since  the  settlement  of  the  Ohio  Valley 
began.  It  opened  to  white  settlement  all  the  region 
east  of  the  Cuyahoga  on  Lake  Erie,  and  the  whole 
Ohio  River  Valley  as  far  down  as  the  mouth  of  the 
Kentucky  river.  It  set  at  rest  the  long  continued 
intrigues  having  for  their  ultimate  object  the  restora- 
tion of  the  great  northwest  to  British  domination.  It 
may  not  be  said  that  it  hastened  the  conclusion  of  Jay's 
treaty,  but  it  can  be  said  that  the  two  worked  admirably 
together,  to  bring  about  the  surrender  of  the  northwest 
posts  to  their  rightful  masters,  and  to  end  the  constant 
irritation  which  their  retention  had  produced.  It 
brought  peace  with  the  Indian  tribes,  which,  with  only 
slight  exceptions,  continued  until  the  eve  of  the  second 
war  with  Great  Britain,  which  came  so  near  breaking 
out  in  1794  instead  of  18 12. 

This  battle  may  be  regarded  in  a  certain  sense  as  a 
Michigan  battle.  That  due  east  line  from  the  most 
southerly  bend  of  Lake  Michigan,  indicated  by  the 
ordinance  of  1787  as  the  boundary  between  Ohio  and 
Michigan,  and  which  in  1805  was  explicitly  made  the 
southern  boundary  of  the  latter,  crosses  the  Maumee  at 

113 


114     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

the  Rapids,  and  the  latter  part  of  the  battle  must  have 
occurred  In  what  was  later  Michigan  Territory'.  A  con- 
siderable part  of  the  Indian  warriors  engaged  were 
from  Michigan — the  Wyandots  of  the  Detroit,  Potta- 
watamies  of  the  St.  Joseph,  Ottawas  from  L'Arbe 
Croche  and  Michilimackinac,  and  Chippewas  from  the 
"Sagana,"  from  Thunder  Bay  and  even  from  the  far 
away  Sault  Ste  Marie,  participated.  The  garrison  of 
Fort  Miami  was  from  Detroit,  and  unless  General 
Wayne,  General  Cass  and  General  Duffield  have  all 
been  misled,  a  body  of  white  volunteers  from  Detroit 
fought  on  the  Indian  side. 

It  must  not  be  forgotten  that  at  that  time  Detroit 
had  never  been  in  the  possession  of  the  United  States, 
and,  so  far  as  we  know,  there  was  no  one  there  who  was 
loyal  to  the  American  cause. 

On  arriving  again  at  Greenville  (November  4) 
Wayne  found  means,  through  Tarhe,  (the  Crane),  the 
only  surviving  chief  of  the  Wyandots  of  the  Sandusky, 
of  opening  up  negotiations  for  peace,  and  an  armistice 
was  signed  by  several  of  the  influential  tribes  which 
included  an  agreement  on  each  part  to  promptly  inform 
the  other  of  any  knowledge  that  should  come  to  either 
of  any  movement  that  was  being  directed  against  the 
other  party. 

Wayne  also  caused  it  to  be  made  known  to  the  tribes 
that  he  was  ready  to  treat  with  them  for  a  permanent 
peace  on  the  basis  of  the  treaty  of  Fort  Harmar,  or 
the  Muskingum,  as  it  was  otherwise  called,  and  he 
invited  all  the  sachems  and  warriors  to  come  to  Green- 


MICHIGAN  AS  A  TERRITORY  II 5 

ville  in  June  for  a  general  conference  with  a  view  to  such 
a  treaty.  In  preparing  for  and  in  conducting  this 
important  conference,  Wayne  showed  as  great  skill  and 
jinesse  as  a  diplomat,  as  in  his  campaign  he  had  exhib- 
ited ability  as  a  strategist  and  courage  of  the  highest 
order  as  a  soldier.  By  his  frank,  open,  soldier-like 
manner  of  treating  the  chiefs  and  warriors,  he  quickly 
gained  their  confidence,  and  this  confidence  increased 
until  on  August  3rd  the  engrossed  treaty  was  signed  by 
every   tribe   represented.* 

The  first  chiefs  arrived  on  the  loth  of  June,  and  on 
the  1 6th  the  great  council  fire  was  formally  kindled,  and 
It  was  not  allowed  to  go  out  until  the  treaty  was  fully 
signed,  and  the  price  of  the  cessions  paid.  Each  dele- 
gation on  arriving  put  forward  one  or  more  orators  to 
make  a  speech  to  Wayne,  to  which  he  always  replied 
in  kind,  adopting  the  Indian  style  of  oratory.f 

By  this  treaty  lasting  peace  and  amity  were  declared 
between  the  tribes  and  the  United  States,  always  spoken 


*Note.  The  entire  proceedings  of  this  famous  council  may  be 
found  in  American  State  Papers,  Vol.  V.  The  nations  represented 
and  the  number  of  each  were  as  follows:  Wyandottes  180;  Dela- 
wares  381:  Shawanese  143;  Ottawas  45;  Chippewas  46;  Pottawata- 
mies  240;  Miamies  and  Eel  Rivers  72,;  Weas,  Piankeshaws  12,  Kik- 
apoos  and  Kaskaskias  10;  Total  1130.  See  also  report  of  John  As- 
kin,  Jr.,  to  Colonel  England  in  the  appendix,  for  a  good  side-light. 

tNote.  As  each  delegation  arrived  Wayne  greeted  them 
heartily  saying  "Brothers,  I  am  glad  to  take  you  by  the  hand."  At 
the  end  of  the  speech-making  on  June  i6th,  Wayne  closed  the 
conference  as  follows:  "Brothers,  the  Heavens  are  bright,  the 
roads  are  open,  we  will  rest  in  peace  and  love  and  await  the  arriv- 
al of  our  brothers  (delegations  not  yet  come).  In  the  interim  we 
will  have  a  little  drink  to  wash  the  dust  from  our  throats.  We  will 
on  this  happy  occasion  be  merry  without  however  passing  the 
bounds  of  temperance  and  sobriety."  This  is  a  fair  sample  of 
Wavne's  style  of  address  to  the  warriors.  See  Am.  State  Papers, 
Vol.  V. 


Il6  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

of  by  the  Indians  at  the  council  as  **the  Fifteen  Fires." 
The  tribes  declared  themselves  under  the  protection 
of  the  United  States,   and  of  no  other  power  what- 
ever. 

Gifts  amounting  to  $20,000  were  to  be  paid  down, 
and  $9,500  annually  forever,  in  proportions  agreed 
upon,  to  be  distributed  among  the  tribes;  all  prisoners 
were  to  be  exchanged.  In  consideration  of  the  prem- 
ises, the  tribes  ceded  to  the  United  States  all  the  terri- 
tory south  and  east  of  a  line  following  the  Cuyahoga 
river  from  its  mouth  to  the  portage  to  the  Tuscarawas 
and  down  that  river  to  the  forks  near  Fort  Laurens; 
thence  westward  to  Lorimer's  store,  near  the  head  of  the 
great  Miami,  thence  to  Fort  Recovery,  thence  south- 
westward  to  a  point  on  the  Ohio  river  opposite  the 
mouth  of  the  Kentucky  river.  The  country  west  of  this 
line  was  thereafter  known  as  "the  Indian  Country," 
and  when  a  few  years  later  the  Northwest  Territory  was 
divided,  the  dividing  line  between  the  Eastern  District 
and  the  Indian  Territory,  followed  the  treaty  line  from 
the  mouth  of  the  Kentucky  river  to  Fort  Recovery,  and 
thence  ran  due  north  to  the  Canada  boundary,*  divid- 
ing the  coming  territory  of  Michigan  into  two  parts, 
about  on  the  line  between  Jackson  and  Calhoun  coun- 
ties, the  western  part  being  in  the  Territory  of  Indiana, 
and  the  eastern  part  in  the  eastern  district  of  the 
Northwest  Territory. 

In  addition  to  all  the  lands  east  and  south  of  this 
treaty  line,  the  Indians  ceded  to  the  United  States  a 


*AnnaIs  of  Congress,  May  7,  1800. 


MICHIGAN  AS  A  TERRITORY  1 1? 

number  of  reservations  around  the  chain  of  forts  extend- 
ing from  the  Rapids  of  the  Maumee  to  Fort  Recovery, 
and  several  in  what  afterward  became  Indiana.  The 
articles  especially  affecting  Michigan  were  the  12th  and 
13th,  as  follows: 

"12.  The  Post  of  Detroit  and  all  the  lands  to  the  north,  the 
west  and  the  south  of  it,  of  which  the  Indian  title  has  been  ex- 
tinguished by  gifts  or  grants  to  the  French  or  English  govern- 
ments, and  so  much  more  land  to  be  annexed  to  the  district  of 
Detroit  as  shall  be  comprehended  between  the  River  Rosine  (sic) 
on  the  south  and  the  south  end  of  Lake  St.  Clair  on  the  north  and 
a  line,  the  general  course  of  which  shall  be  six  miles  from  the  west 
end  of  Lake  Erie  and  the  Detroit  river."* 

"13.  The  post  of  Michilimackinac  and  all  the  land  on  the 
island  on  which  the  Fort  stands,  and  the  main  land  adjacent,  of 
which  the  Indian  title  has  been  extinguished  by  gifts  or  grants  to 
the  French  or  English  governments,  and  a  piece  of  land  on  the 
main  to  the  north  of  the  Island  to  measure  six  miles  on  Lake  Hur- 
on or  the  strait  between  lakes  Huron  and  Michigan,  and  to  extend 
three  miles  back  from  the  water  of  the  lake  or  strait,  and  also  the 
island  of  Bois  Blanc,  being  an  extra  and  voluntary  gift  of  the 
Chippewa  nation." 

The  cession  at  the  new  British  fort  at  the  Rapids  of 
the  Maumee  was  twelve  miles  square,  a  large  part  of 
which  fell  within  the  future  Territory  of  Michigan.! 

This  treaty  for  the  first  time  would  have  opened  up  to 
survey  and  sale  the  "six  mile  strip"  from  the  river 
Raisin   (named  in  the  treaty  "Rosine")  ;    but  that  ter- 


*American  State  Papers  Vol.  V.  This  was  the  first  real  ces- 
sion of  this  "six  mile  strip." 

tThis  was  afterward  recognized  by  the  Act  of  Congress  of 
April  23,  1830,  "Fo-  the  relief  of  Gabriel  Godfrey  and  Jean  Bap- 
tiste  Beaugrande"  by  which  the  president  is  authorized  to  issue  a 
patent  to  the  above  named  parties  "under  an  act  entitled  an  act 
regulating  grants  of  land  in  the  Territory  of  Michigan"  to  certain 
lands  designated  on  the  plat  of  survey  of  the  United  States  reserve 
of  twelve  miles  square  on  the  Maumee  of  the  lake  as  529,  etc.  9 
Debates  in  Congress. 


Il8  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

ritory  was  then  (August,  1795)  in  the  possession  of  the 
British  who  still  refused  to  yield  it  up ;  but  a  few  days 
before  the  conclusion  of  the  treaty  of  Greenville,  a  spe- 
cial messenger  arrived  at  that  post  bringing  to  General 
Wayne  an  authenticated  copy  of  "Jay's  Treaty"  which 
had  been  signed  at  London  on  November  19,  1794.  At 
that  time  there  were  no  steamships,  and  no  regular 
packet  lines,  and  communication  was  slow  and  uncertain. 
The  copy  of  the  treaty  was  entrusted  to  an  American 
sea  captain,  one  David  Blaney;  but  winds  were  con- 
trary, and  the  senate  had  already  adjourned  before 
Blaney  reached  Philadelphia,  the  temporary  capital. 
The  senate  was  summoned  in  special  session  on  June  8, 
1795,  and  on  the  24th  of  that  month  the  treaty  was  rati- 
fied by  exactly  the  necessary  vote  and  not  one  to  spare. 
But  that  did  not  end  the  opposition  to  the  treaty.  A 
most  violent  partisan  attack  was  made  upon  it,  and 
every  influence  brought  to  bear  to  prevent  its  ratifica- 
tion by  President  Washington;  but  on  August  14th  it 
was  finally  ratified  and  a  messenger  at  once  dispatched 
to  advise  General  Wayne,  and  it  reached  him  just  in 
time  to  influence  the  signing  of  the  Indian  treaty. 

Wayne  read  to  the  assembled  chiefs  and  warriors 
Article  II  of  the  Jay  treaty  which  declared : 

"His  Majesty  will  withdraw  all  his  troops  and  garri- 
sons from  all  posts  and  places  within  the  boundary  lines 
assigned  by  the  treaty  of  peace  to  the  United  States" 
such  withdrawal  "shall  take  place  on  or  before  the  first 
day  of  June,  1796."  This,  of  course,  included  Detroit, 
Michilimackinac  and  other  northwest  posts,  as  well  as 
the  fort  at  the  Rapids  of  the  Maumee. 


MICHIGAN  AS  A  TERRITORY  II  9 

Little  Turtle  and  his  followers  who  had  been  stand- 
ing out  persistently  against  the  proposed  treaty,  now 
saw  that  they  were  deserted  by  their  "Great  British 
Father"  across  the  water,  and  that  they  were  in  a  few 
months  to  lose  all  the  moral  and  material  support  of  the 
military  posts,  and  that  as  the  King  had  made  peace 
and  fixed  the  boundaries  without  consulting  them,  so 
now,  contrary  to  the  hopes  and  promises  held  out  to 
them  by  McKee,  Elliott  and  the  other  emissaries  of 
Governor  Simcoe  and  Lord  Dorchester  (Sir  Guy  Carl- 
ton, GoA'ernor  at  Quebec) ,  he  had,  without  warning,  left 
them  alone  to  deal  with  the  "fifteen  fires."  There  can 
be  little  doubt  that  the  timely  arrival  of  Jay's  treaty  was 
the  deciding  factor  in  procuring  the  unanimous  signa- 
ture of  the  treaty  of  Greenville,  which  gave  peace  and 
quiet  to  the  western  frontier,  until  a  new  Indian  leader 
came  to  the  front  in  the  person  of  the  great  Tecumseh.* 

But  the  opposition  to  the  Jay  treaty  had  not  yet 
exhausted  itself,  and  when  Congress  again  met  on 
December  7,  1795,  a  most  virulent  assault  was  made 
in  the  house  upon  the  treaty,  and  upon  Jay  and  the 
administration  of  Washington  for  negotiating  it,  and  it 
was  not  until  April  30,  1796,  that  a  resolution  was 
passed  declaring  it  was  expedient  to  pass  the  necessary 
laws  for  carrying  the  treaty  into  effect. 

On  the  second  day  of  June,    1796,  the  order  was 


*Note.  "It  was  a  grand  tribute  to  General  Wayne  that  no 
chief  or  warrior  who  gave  him  the  hand  at  Greenville  ever  again 
'lifted  the  hatchet'  against  the  United  States.  There  were  malcon- 
tents at  the  Wabash  and  Lake  Michigan,  who  took  sides  with 
Tecun>seh  and  the  Prophet  in  the  War  of  1812,  perhaps  for  good 
cause,  but  the  tribes  and  their  chiefs  sat  still."     King,  262. 


I20  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

signed  at  Quebec  for  the  evacuation  of  Detroit  by  the 
British  garrison,  and  on  July  7th,  Colonel  John  Francis 
Hamtramck,*  then  in  command  at  Fort  Miami  at  Mau- 
mee  Rapids,  which  the  British  had  evacuated  late  in 
June,  forwarded  to  Detroit  two  small  vessels  conveying 
a  detachment  of  artillery  and  infantry,  numbering  in 
all  65  men,  with  some  cannon  and  ammunition,  all  under 
the  command  of  Captain  Moses  Porter.  Upon  their 
arrival  at  Detroit,  the  remnant  of  the  British  garrison 
which  had  not  already  taken  its  departure  to  the  Canada 
side  of  the  river,  with  Colonel  Richard  England  the 
commandant,  evacuated  the  fort  and  town,  and  the 
American  flag  was  raised  for  the  first  time  over  Detroit 
— which  then  meant  Michigan — on  the  nth  day  of  July, 
ijgb. 

On  the  13th  Colonel  Hamtramck  arrived  and  took 
command  of  the  post. 

At  the  beginning  of  June  General  Wayne  was  com- 
missioned by  the  president  to  take  possession  of  the 
posts  in  the  name  of  the  United  States,  and,  armed  with 
civil  and  military  powers,  after  visiting  other  posts,  he 


*Note.  Colonel  John  Francis  Hamtramck  was  born  at  Que- 
bec August  16,  1756.  He  came  to  the  states  as  a  youth  and  served 
in  the  revolutionary  war,  and  as  recorded  on  his  tombstone  now  in 
Mount  Elliott  cemetery,  Detroit,  "His  heroism  and  uniform  good 
conduct  procured  him  attentions  and  personal  thanks  of  Wash- 
ington." When  Harmar's  regiment  was  organizing  for  the  cam- 
paign against  the  Indians  in  1789,  Hamtramck  was  appointed  a 
major  of  infantry,  and  when  General  Wayne  was  forming  his  "Le- 
gion" in  179.3,  he  was  promoted  lieutenant  colonel  and  placed  in 
command  of  a  sublegion. 

In  October,  1794,  after  the  victory  at  Fallen  Timbers  in  which 
he  commanded  Wayne's  left  wing,  he  was  placed  in  command  of 
Fort  Wayne,  Indiana,  which  he  retained  until  June  1796,  when  he 
took  possession  of  Fort  Miami,  and  in  July  assumed  command  at 
Detroit  which  he  held  until  his  death,  April  ii,  1803,  at  the  age 
of  45  years,  7  months  and  28  days. 


MICHIGAN  AS  A  TERRITORY  121 

arrived  at  Detroit  in  September,  and  remained  until  the 
middle  of  November. 

Leaving  Detroit  about  the  middle  of  November, 
Wayne  proceeded  by  water  to  Presque  Isle  (now  Erie, 
Pennsylvania)  where  he  was  seized  with  an  attack  of 
the  gout,  which  had  troubled  him  for  years.  He  was 
removed  to  the  quarters  of  the  commandant,  where  he 
lingered  in  much  suffering  until  December  15,  1796,  *-*^l 
when  he  passed  from  earth,  and  at  his  own  request  was 
buried  on  a  high  hill  near  the  fort  overlooking  Lake 
Erie. 

Among  all  the  benefactors  of  Michigan,   none  can 
take  rank  above  Anthony  Wayne.* 


♦Anthony  Wayne  was  born  at  East  Town  (also  known  as 
Waynesboro)  Pennsylvania,  January  i,  1745,  was  a  member  of  the 
House  of  Representatives,  1773,  served  in  the  Revolutionary 
Army,  was  promoted  a  brigadier  general  and  commanded  the 
"Pennsylvania  line."  On  July  15,  1779,  he  commanded  at  the 
storming  of  Stony  Point  on  the  Hudson,  and  though  desperately 
wounded,  was  borne  into  the  fort  with  the  storming  column.  In 
the  southern  campaign  he  was  sent  to  Georgia,  where  he  served 
under  Major  General  Nathaniel  Greene. 

At  the  close  of  the  revolution  he  removed  to  Georgia  where 
he  resided  upon  a  tract  of  land  granted  him  by  the  state  of  Georgia 
in  grateful  recognition  of  his  services  to  that  state,  there  he  was 
chosen  a  delegate  to  the  state  constitutional  convention  of  1787. 

In  1790  was  elected  from  Georgia  a  representative  in  Con- 
gress, but  his  election  was  contested  and  on  March  21st,  1792,  his 
seat  was  declared  vacant.  He  refused  to  stand  again  for  Con- 
gress, but  Washington  once  more  summoned  him  to  military  life 
by  appointing  him  major  general  and  commander  in  chief  of  the 
little  army.  The  remainder  of  his  story — the  raising  and  discipline 
of  the  Legion,  the  campaign  against  the  Northwestern  Indians, 
the  victory  of  Fallen  Timbers,  the  treaty  of  Greenville,  the  taking 
possession  of  the  frontier  posts;  the  two  months  as  commandant 
and  governor  at  Detroit  and  his  premature  death  at  Erie,  while 
still  in  the  prime  of  his  powers — all  these  have  been  told  in  the 
foregoing  text. 

For  a  very  food  short  sketch  of  General  Wayne,  see  the 
"Centennial  Celebration  of  the  Evacuation  of  Detroit"  compiled 
by  C.  M.  Burton,  Detroit,  at  page  56.  Wayne's  Journal  may  be 
found  in  Vol.  34,  Michigan  Pioneer  and  Historical  Collections. 


CHAPTER  VIII 
The  First  Great  "Land-Grabs" 


BUT  we  must  turn  our  attention  now  to  some 
events  which  though  they  left  no  perm- 
anent results,  yet  but  for  a  miscarriage 
might  have  very  deeply  affected  the  sub- 
sequent history  of  Michigan. 
There  is  an  impression  that  there  has  been  some  "land 
grabbing"  in  recent  years  by  great  "ranchers"  in  the 
west,  and  timber  and  mining  millionaires  in  the  great 
timber  and  mineral  states;  but  compared  with  some  of 
the  great  land  "deals"  in  the  first  two  decades  after  the 
treaty  of  peace,  they  are  very  tame  affairs. 

The  first  great  land  "deal"  made  by  the  United 
States  was  the  sale  made  to  Manasseh  Cutler  and  his 
associates,  in  1787,  o^  about  6,000,000  acres  of  best 
lands  in  the  Ohio  Valley  at  about  66  cents  per  acre. 
In  this  were  concerned,  as  Cutler  naively  expresses  it, 
"some  of  the  leading  characters  of  America,"  among 
them  such  men  as  Alexander  Hamilton,  Samuel  Dexter, 
Henry  Knox,  Secretary  of  War,  three  governors  of 
Massachusetts,  a  vice-president  of  the  United  States, 
three  governors  of  Connecticut  and  Rhode  Island,  a 
United  States  senator,  the  postmaster  general,  a  justice 
of  the  Supreme  Court,  and  the  president  of  Harvard 
College.* 

So  far  as  concerned  the  Ohio  Company,  the  pur- 
chase was  for  legitimate  and  honorable  purposes  of  set- 
tlement and  the  founding  of  a  new  commonwealth ;  but 
as  to  the  Scioto  Company,  of  which  Colonel  Duer  was 


*Ryan,  Ohio,  33. 

125 


126     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

the  chief  promoter,  it  was  an  illegitimate  speculation,  a 
fraud  alike  upon  the  United  States  and  upon  the  inno- 
cent immigrants  upon  whom  they  palmed  off  their 
worthless  titles.  Encouraged  by  the  example  of  the 
Scioto  Company,  companies  were  organized  to  specu- 
late in  the  lands  of  individual  states.  Of  the  seven  mil- 
lions of  acres  which  New  York  possessed,  five  and  a  half 
millions  had  been  disposed  of  at  a  single  sale,  for  about 
a  million  dollars.* 

The  public  lands  of  Pennsylvania  had  nearly  all  been 
bought  up  by  speculators.  The  public  lands  of  Vir- 
ginia and  North  Carolina  were  already  covered  by 
land  warrants  theretofore  issued. 

The  speculators  next  turned  their  attention  to  lands 
claimed  by  the  state  of  Georgia  lying  between  the  Chat- 
tahoochee and  the  Mississippi  rivers.  The  title  of 
Georgia  to^  these  lands  was  somewhat  more  than  doubt- 
ful. A  part  were  occupied  by  the  Indian  tribes  and  a 
large  portion  claimed  by  the  United  States,  by  virtue  of 
the  treaty  with  Great  Britain. 

But  nevertheless  the  legislature  during  1794  had  sold 
to  four  companies,  including  some  of  the  most  eminent 
citizens  of  the  country,  a  vast  tract  of  these  lands,  and 
these  speculators  had  succeeded  in  selling  out  at  a  great 
advance  to  other  speculators  in  the  middle  and  northern 
states. t 

It  was  believed  that  this  action  by  the  legislature  of 
Georgia  h'ad  been  procured  by  corrupt  means;    and, 


*IV  Hildreth,  p.  581. 
tHildreth,  Vol.  IV,  p.  582. 


MICHIGAN  AS  A  TERRITORY  1 27 

Stimulated  by  their  success,  a  scheme  was  concocted  to 
"gobble  up"  nearly  the  entire  lower  peninsula  of  Michi- 
gan. It  was  in  1795  while  the  treaty  of  Greenville  was 
still  pending,  that  one,  Dr.  Robert  Randall  of  Mary- 
land, visited  Detroit  for  the  purpose  of  interesting  cer- 
tain Detroit  merchants  and  capitalists  in  no  less  a  scheme 
than  the  purchase  of  all  the  rights  of  the  United  States 
in  20,000,000  acres  of  land  in  the  peninsula  for  the  sum 
of  $500,000. 

He  had  associated  with  him  one  Whitney  of  Vermont, 
who  was  looking  after  New  England,  while  other  con- 
federates were  "interesting"  members  of  Congress,  as 
members  of  the  Georgia  legislature  had  been  "inter- 
ested" the  year  before. 

Among  the  local  people  at  Detroit  who  had  entered 
the  "combine"  were  said  to  be  John  Askin  (merchant 
and  Indian  trader)  Robert  Innes,  William  Robertson, 
David  Robertson  and  Jonathan  Shiffelin,* 

The  entire  capital  stock  was  divided  into  41  shares 
of  which  five  were  apportioned  to  the  Detroit  parties, 
six  to  Randall  and  Whitney  and  their  associates,  and 
thirty  were  allotted  to  members  of  Congress  to  "influ- 
ence" them.f 

Overtures  had  been  made  to  a  number  of  members 
of  Congress — just  how  many  is  not  known — among 
them  Giles  of  Virginia,  Smith  of  South  Carolina,  Mur- 
ray of  Maryland,  and  others.  Randall  boasted  that  he 
had  already  "secured"  thirty  members. 


♦Centennial  Celebration  of  Evacuation,  89. 
tWhiting,  Historical  Sketches. 
U-9 


128  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

But  Murray  exposed  the  whole  scheme  on  the  floor  of 
the  house;  Randall  was  arrested,  brought  to  the  bar 
of  the  hiouse,  tried  for  attempted  bribery,  convicted  of 
high  contempt,  and  sentenced  to  be  reprimanded  and 
held  in  custody  to  the  end  of  the  session.*  The  expos- 
ure was  fatal  to  the  whole  scheme,  and  this  attempted 
*'land-grab" — not  the  last  be  it  said, — fell  flat  and 
came  to  naught. 

It  might  be  interesting  but  not  profitable  to  specu- 
late what  the  effect  would  have  been  upon  the  future 
of  Michigan  had  this  gigantic  scheme  succeeded. 

Among  other  things  the  promotors  promised  th'at 
through  the  influence  of  their  Detroit  representatives 
they  would  maintain  peace  and  amicable  relations  with 
the  Indians  of  the  peninsula. 

For  many  years  the  Randall- Whitney  attempted  bri- 
bery and  purchase  has  been  a  forgotten  episode  in  the 
region  which  their  ambition  and  greed  would  have  made 
a  proprietary  estate.  Most  of  the  resident  promotors 
were  British  adherents,  and  it  is  probable  the  whole 
intrigue  would  have  come  to  naught  after  American 
occupation. 

But  meanwhile  Michigan  remained  a  part  of  the  as 
yet  undivided  Northwest  Territory.  In  1798  that  ter- 
ritory reached  the  second  stage  of  territorial  govern- 
ment, entitling  it  to  an  elective  territorial  council,  and 
on  October  29th  Governor  St.  Clair  issued  his  proclama- 
tion calling  for  the  election  of  territorial  representatives. 
The  election  was  by  districts,  and  Wayne  county  embrac- 


*Hildreth,  Vol.  IV,  p.  583. 


MICHIGAN  AS  A  TERRITORY  1 29 

ing  the  whole  lower  peninsula  of  Michigan  and  a  large 
part  of  Ohio  and  Indiana  was  entitled  to  one  representa- 
tive.* 

We  have  found  no  election  returns  from  that  part  of 
Wayne  county  now  included  in  Michigan,  but  it  would 
seem  certain  that  an  election  was  held  at  Detroit  in 
December,  1798  ;  if  so,  it  was  the  first  time  the  elective 
franchise  was  ever  exercised,  under  the  laws  of  the 
United  States,  in  what  is  now  the  Peninsula  State, 

It  would  appear  from  the  letter  of  Peter  Audrain, 
which  appears  in  the  Appendix,  Note  E,  that  James 
May  of  Detroit,  was  chosen  representative.  It  would 
seem  also  that  this  election  was  set  aside  for  some  rea- 
son, a  new  proclamation  of  the  Governor  having 
assigned  three  delegates  to  Wayne  county.  A  new  elec- 
tion was  held  at  Detroit  January  14  and  15,  1799,  at 
which  four  candidates  were  voted  for,  to  wit :  Charles 
Chabert  de  Joncaire  received  68  votes;  Jacob  Visger 
63  votes,  Oliver  Wiswell  37  votes,  and  Louis  Beaufait 
30  votes.f  Joncaire,  Wiswell  and  Visger  were  declared 
elected. §  There  is  some  confusion  and  lack  of  record 
in    regard    to    this    first    assembly.      Wiswell,  though 


*Wayne  County  as  established  and  proclaimed  by  Governor 
St.  Clair  was  bounded  as  follows:  north  by  the  international 
boundary;  east  by  the  international  boundary  and  the  Fort  Har- 
mar  treaty  line  to  Fort  Laurens;  south  by  the  treaty  line  to  the 
portage  between  the  Miami  and  the  St.  Mary's  river;  thence  to 
Fort  Wayne,  thence  northwest  to  the  head  of  Lake  Michigan,  on 
the  west  by  a  line  which  included  all  streams  flowing  into  Lake 
Michigan. 

tMichigan    Pioneer    Collection,   Vol.  8,  p.  509. 

§A  note  is  made  on  the  original  return,  by  Peter  Audrain, 
Clerk  of  the  Election,  that  Chabert  Joncaire  declined  the  election 
as  he  had  not  resided  in  the  territory  for  three  years. 


130     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

declared  elected,  did  not  serve,  and  Chabert  Joncaire, 
though  at  first  he  declined,  did  serve.  Solomon  Sibley, 
though  not  voted  for  and  not  chosen  at  this  election, 
appears  to  have  served  in  place  of  WiswelL*  We  have 
not  been  able  to  solve  the  mystery  by  any  record  we 
have  found,  but  it  seems  probable  that  Wiswell  resigned 
and  Solomon  Sibley  was  appointed  or  elected  at  a  special 
election  in  his  place,  for  "on  Sept.  28  Solomon  Sibley 
appeared  and  took  his  seat."t 

The  letter  of  Peter  Audrain,  clerk  of  the  election,  and 
afterward  secretary  to  the  governor  and  judges  of 
Michigan,  now  printed  for  the  first  time,  will  be  found 
exceedingly  interesting  and  illuminating  in  regard  to 
politics  and  social  conditions  at  Detroit  at  the  close  of 
the  eighteenth  century.  Before  the  next  election 
Michigan  was  set  off  to  Indiana  Territory,  and  it  was  a 
score  of  years  before  she  again  had  the  privilege  of  vot- 
ing for  her  law  makers.  This  fact  adds  greater  inter- 
est to  the  election  of  1798-9. 

February  4,  1799,  the  representatives  elected  under 
the  Governor's  proclamation  met  at  Cincinnati  and 
nominated  ten  resident  freeholders,  possessed  of  free- 
holds of  500  acres  each,  as  required  by  the  ordinance  of 
1787,  to  constitute  a  legislative  council. § 

This  is  an  important  date,  being  the  very  first  time 
Michigan  was  ever  represented  in  any  legislative  body 


♦Burnett's  Notes,  298. 

tBurnett's  Notes,  p.  448.  _ 

§In  1801,  after  the  division  of  the  Northwest  Territory,  Major 
Jonathan  Shiffelin,  of  Detroit,  sat  as  a  member  of  the  second 
general  assembly  of  the  territory,  as  a  representative  from  Wayne 
County.     King,  283. 


MICHIGAN  AS  A  TERRITORY  I3I 

except  an  Indian  council.  Out  of  the  ten  so  chosen  fiv^e 
were  appointed  by  Congress  to  constitute  the  council, 
as  required  by  the  ordinance.  The  representatives 
adjourned  until  September  16,  1799,  but  no  quorum 
appeared  until  the  23rd,  when  the  first  general  assem- 
bly of  the  Northwest  Territory  was  organized  by  the 
election  of  Edward  Tiffin  as  speaker  of  the  house,  and 
Henry  Vandenburgh,  president  of  the  legislative  coun- 
cil. Twenty-two  representatives  from  nine  counties 
sat  in  this  assembly. 

Among  the  earliest  business  brought  before  the  assem- 
bly was  a  petition  for  liberty  to  bring  slaves  into  the 
territory.  But  the  ordinance  of  1787  was  now  a  sword 
and  a  shield,  and  the  petition  was  unanimously  refused. 
Under  that  clause  of  the  ordinance  which  provides  that 
"as  soon  as  a  legislature  shall  be  formed  in  the  district, 
the  Council  and  House,  assembled  in  one  room,  shall 
have  authority  by  joint  ballot  to  elect  a  delegate  to  Con- 
gress," the  legislature  proceeded  at  this  session  to  elect 
William  Henry  Harrison,  who  in  the  year  before  had 
succeeded  Major  Winthrop  Sargent  as  secretary  of  the 
territory,  as  first  delegate  from  the  Northwest  Territory 
to  the  Congress  of  the  United  States. 

On  December  19,  1799,  Governor  St.  Clair  pro- 
rogued the  legislature  and  fixed  the  first  Monday  in 
November,  1800,  as  the  day  of  its  next  meeting. 

It  will  be  interesting  to  turn  now  to  Michigan 
proper,  which  is  soon  to  emerge  from  the  larger  terri- 
tory, and  get  some  idea  of  the  condition  of  things  there 
during  the  last  decade  of  the  1 8th  century. 


132     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

One  Isaac  Weld,  an  English  traveler  visited  Detroit 
in.  1795-6,  and  in  1799  published  his  observations,  and 
he  gives  us  a  contemporaneous  view  of  the  situation  at 
Detroit.  He  says :  "Detroit  contains  about  300  houses, 
and  is  the  largest  town  in  the  western  country.  It  stands 
contiguous  to  the  river  on  thfe  top  of  the  banks  which 
are  here  about  20  feet  high.  At  the  bottom  of  them 
there  are  very  extensive  wharves  for  the  accommodation 
of  the  shipping,  built  of  wood  similar  to  those  in  the 
Atlantic  seaports. 

The  town,  consists  of  several  streets  that  run  parallel 
to  the  river,  which  are  intersected  by  others  at  right 
angles.  They  are  all  very  narrow,  and  not  being  paved 
are  dirty  in  the  extreme  whenever  it  happens  to  rain. 
For  the  accommodation  of  passengers,  however,  there 
are  footways  in  most  of  them,  formed  of  square  logs 
laid  transversely  close  to  each  other. 

The  town  is  surrounded  by  a  strong  stockade  through 
which  are  four  gates,  two  of  them  open  to  the  wharves 
and  two  others  to  the  north  and  south  side  of  the  town 
respectively."     *     *     * 

"Detroit  is  at  present  the  headquarters  of  the  western 
army  of  the  states ;  the  garrison  consisting  of  300  men, 
who  are  quartered  in  barracks.     *      ♦     * 

"About  two-thirds  of  the  inhabitants  of  Detroit  are 
of  French  extraction,  and  the  greater  part  of  the  inhab- 
itants of  the  settlements  on  the  river,  both  above  and 
below  the  town,  are  of  the  same  description.  The  former 
are  mostly  engaged  in  trade,  and  they  all  appear  to  be 
much  on  an  equality.     Detroit  is  a  place  of  very  consid- 


MICHIGAN  AS  A  TERRITORY  1 33 

erable  trade;  there  are  no  less  than  twelve  trading  ves- 
sels belonging  to  it,  brigs,  sloops  and  schooners,  of 
from  50  to  100  tons  burden."  *  *  *  Xhe  stores 
and  shops  in  town  are  well  furnished  and  you  may  buy 
fine  cloth,  linen,  etc.,  and  every  article  of  wearing 
apparel,  as  good  in  their  kind,  and  nearly  on  as  reason- 
able terms  as  you  can  purchase  them  at  New  York  or 
Philadelphia." 

"The  streets  of  Detroit  are  generally  crowded  with 
Indians  of  one  tribe  or  another,  and  among  them  you 
see  numberless  old  squaws  leading  about  their  daugh- 
ters, ever  ready  to  dispose  of  them,  pro  temporei,  to 
the  highest  bidder.  *  *  *  Xhe  country  around 
Detroit  is  uncommonly  flat  and  in  none  of  the  rivers  is 
there  a  fall  sufficient  to  turn  even  a  grist  mill."* 

Another  contemporary  description  of  Detroit,  in 
1793,  is  given  us  by  O.  M.  Spencer,  who  as  a  boy  of 
12  was  taken  prisoner  by  the  Indians,  and  was  ransomed 
by  Colonel  Richard  England,  through  the  efforts  of 
President  Washington.  Although  so  young  he  gives  a 
very  intelligent  account  of  the  town  and  especially  of 
old  Fort  Lernoult.f  He  says,  "In  the  northwest  comer 
of  the  large  area  enclosed  with  pickets,  on  ground 
slightly  elevated  stands  the  fort.  It  is  separated  from 
the  houses  by  an  esplanade,  and  is  surrounded,  first,  by 
an  abatis  of  tree  tops  about  four  feet  high,  having 
the  butts  of  the  limbs  sharpened  and  projecting  out- 


*Centennial   of   Evacuation    of   Detroit    (Compiled  by   C.    M. 
Burton).    90. 

tName  changed  to  Fort  Shelby  by  General  Wayne. 


134  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

ward;  then  by  a  deep  ditch  in  the  center  of  which  are 
high  pickets;  and  then  by  a  row  of  hght  palisades,  seven 
or  eight  feet  long  projecting  horizontally  from  the 
glacis. 

The  fort  itself  covers  not  more  than  half  an  acre  of 
ground.  It  is  square  with  a  bastion  at  each  angle,  and 
with  parapets  and  ramparts  so  high  as  to  entirely  shelter 
the  quarters  within  which  are  bomb-proof."* 

Young  Spencer  remained  at  the  fort  for  several 
months  as  the  ward  of  Colonel  England.  Spencer  also 
gives  us  some  account  of  the  British  navy  at  Detroit, 
which  it  may  be  well  to  bear  in  mind  when  we  come  to 
the  events  of  1812. 

"Anchored  in  the  river  in  front  of  the  town  are  three 
brigs  of  about  200  tons  each.  The  Chippewa  and  the 
Ottawa  are  new  and  carry  eight  guns  each.  The  Dun- 
more  is  an  old  vessel  and  carries  six  guns.  There  is  a 
sloop,  the  Felicity,  of  about  100  tons,  armed  with  two 
swivels.  These  vessels  all  belong  to  his  majesty,  George 
III,  and  are  commanded  by  Commodore  Grant." 
(Centennial  of  Evacuation,  p.  108). 

Such  was  Michigan  in  the  closing  years  of  the  iSth 
century,  and  the  day  was  now  near  when  she  was  to 
assume  a  name  and  an  indentity  of  her  own. 


♦Centennial  of  Evacuation  of   Detroit   (Compiled  by  C.   M. 
Burton)  p.  106. 


CHAPTER  IX 

Organization  of  Michigan  Territory 


THE  first  section  of  the  Ordinance  of  1787 
provided  "That  the  said  territory,  for 
the  purposes  of  temporary  government, 
be  one  district,  subject  however,  to  be 
divided  into  two  districts,  as  future  cir- 
cumstances may  in  the  opinion  of  Congress  make  expe- 
dient." 

As  early  as  1797  a  division  of  the  vast  extent  of  the 
territory  began  to  be  agitated. 

In  1798,  as  before  stated.  Captain  William  Henry 
Harrison,  who  had  served  in  Wayne's  campaign  as  an 
ensign,  and  who  had  signed  the  treaty  of  Greenville 
as  "Ensign  and  A.  D.  C.  to  M.  G.  Wayne,"  was  made 
secretary  in  place  of  Colonel  Sargent,  who  had  been 
appointed  governor  of  the  Territory  of  Mississippi. 

In  December,  1799,  Harrison  was  elected  delegate 
in  Congress,  and  in  March  following  resigned  as  terri- 
torial secretary  to  enter  Congress,  where  he  was  made 
chairman  of  a  committee  on  the  division  of  the  North- 
west Territory. 

Through  Harrison's  influence,  the  committee  reported 
favorably,  and  on  May  7,  1800,  the  act  passed  making 
the  division.  The  dividing  line  followed  Wayne's  treaty 
line  from  a  point  opposite  the  mouth  of  the  Kentucky 
river  to  Fort  Recovery,  and  thence  due  north  to  the 
international  boundary.  The  eastern  part  was  known  as 
the  Eastern  District,  and  the  vast  stretch  to  the  west- 
ward, usually  known  as  "the  Indian  Country"  was  now 
designated  as  Indiana  Territory,  and  William  Henry 
Harrison  was   appointed   governor   of   that   territory, 

137 


138   MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

which  office,  as  well  as  that  of  Indian  agent,  he  held 
until  1 8 13,  when  he  was  appointed  Major  General  in 
the  war  with  England. 

From  this  time  until  the  organization  and  admis- 
sion to  the  Union  of  the  State  of  Ohio,  February  19th, 
1803,  Michigan  had  a  divided  allegiance,  that  west  of 
the  meridian  of  Fort  Recovery  being  part  of  Indiana 
Territory,  and  that  east  of  that  point  belonging  to  the 
Eastern  District  of  the  Northwest  Territory.* 

On  April  30,  1802,  Congress  passed  the  act  to  ena- 
ble Ohio  (that  part  of  the  Eastern  District  lying  east  of 
a  north  and  south  line  passing  through  the  mouth  of  the 
great  Miami  river,  and  south  of  a  line  projected  due  east 
from  the  most  southerly  bend  of  Lake  Michigan)  to 
form  a  state  constitution,  and  to  be  admitted  to  the 
Union  on  an  equal  footing  with  the  original  states.  On 
the  taking  effect  of  this  act,  the  whole  of  Michigan  was 
attached  to  the  Territory  of  Indiana,  and  so  remained 
until  June  30,  1805,  when  the  act  organizing  the  Terri- 
tory of  Michigan  took  effect. 

Before  passing  from  the  relation  of  Michigan  to  the 
old  Northwest  Territory,  of  which  it  formed  a  part 
from  1787  to  1805,  a  few  parting  words  are  due  to 
Governor  Arthur  St.  Clair,  who  was  for  15  years  gov- 
ernor over  this  Territory,  though  so  far  as  we  know,  he 
never  visited  this  part  of  his  extensive  domain.  In  doing 
so,  the  briefest  possible  sketch  of  his  career  Is  desirable. 
General  Arthur  St.  Clair  was  born  in  Scotland  in  1734 


*November,  1801,  Solomon  Sibley  of  Detroit,  sat  at  Chillicothe 
Ohio,  as  a  member  of  the  Legislative  Council,  vice  Vanderburgh, 
set  off  to  Indiana  Ter. 


MICHIGAN  AS  A  TERRITORY  I39 

and  came  to  America  In  1758  with  the  British  troops  in 
the  French-Indian  war.  He  resigned  his  commission  in 
1762  and  settled  in  Westmoreland  county,  Pennsyl- 
vania In  1764;  In  1775  he  was  made  colonel  of  the 
colonial  militia.  He  served  through  the  Revolutionary 
War  and  was  a  delegate  in  Congress  from  1785  to 
1787,  and  in  the  latter  year  was  elected  president  of 
Congress,  and  chosen  governor  of  the  Northwest  Ter- 
rltor}';  in  1791  he  was  made  a  major  general  and 
commander  of  our  diminutive  army  In  the  hostilities 
against  the  Indians;  and  suffered  a  most  disastrous 
defeat  In  November  of  that  year.  From  that  time  his 
popularity  declined.  He  was  Investigated  by  a  commit- 
tee of  Congress,  and  though  acquitted  of  serious  fault, 
he  never  regained  his  lost  prestige.  St.  Clair  was  a 
devoted  friend  and  admirer  of  Washington  and  a  most 
ardent  and  uncompromising  Federalist,  while  In  this 
transition  period  the  Jeffersonlan  democracy  was  getting 
the  upper  hand  In  the  nascent  state  of  Ohio. 

On  November  i,  1802,  the  Ohio  constitutional  con- 
vention met  at  Chillcothe,  the  new  capital,  and  on  the 
third.  Governor  St.  Clair  addressed  the  convention,  and 
in  his  remarks  aroused  the  animosity  of  the  friends  of 
Jefferson,  then  president.  The  counter  stroke  came 
quickly.  Under  date  of  November  12th,  he  was  noti- 
fied by  James  Madison,  Secretary  of  State,  "that  your 
commission  of  governor  of  the  Northwest  Territory 
shall  cease  on  the  receipt  of  this  notification."* 


*St.  Gair  papers  I.  244-46. 


I40     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

St.  Clair  retired  to  his  Pennsylvania  home  near  Ligo- 
nler  where  he  spent  the  remainder  of  his  days. 

He  had  incurred  liabilities  while  general  which  the 
government  refused  to  honor,  and  his  entire  fortune  was 
swept  away  by  his  creditors,  and  even  the  pension  event- 
ually granted  him  by  Congress  went  the  same  way.  His 
old  age,  spent  in  extreme  poverty  and  dependant  upon 
a  daughter,  was  most  pathetic.  He  died  August  31, 
18 1 8,  at  the  age  of  84.* 

Such  was  the  first  American  governor  of  Michigan. 
Personally  he  was  kindly  in  disposition,  urbane  in  man- 
ners, refined  in  character,  but  he  was  somewhat  aristo- 
cratic and  autocratic  in  his  ideas  of  public  office. 

By  Article  5th  of  the  "Compact"  contained  in  the 
Ordinance  of  1787,  it  was  provided  that: 

"There  shall  be  formed  in  the  said  territory  not  less  than  three 
nor  more  than  five  states;  and  the  boundaries  of  the  states 
shall  become  fixed  and  established  as  follows,  to  wit:  The  western 
state  in  the  said  territory  shall  be  bounded  by  the  Mississippi,  the 
Ohio  and  the  Wabash  rivers,  a  direct  line  drawn  from  the  Wa- 
bash and  Post  St.  Vincent  due  north  to  the  territorial  line  between 
the  United  States  and  Canada,  and  by  the  said  territorial  line  to 
the  Lake  of  the  Woods  and  Mississippi.  The  middle  state  shall  be 
bounded  by  the  said  direct  line,  the  Wabash  from  Post  St.  Vin- 
cent to  the  Ohio,  by  a  direct  line  drawn  due  north  from  the  mouth 
of  the  Great  Miami  to  the  said  territorial  line  and  by  the  said  ter- 
ritorial line." 

The  rest  and  remainder  was  to  be  the  third  state.  A 
proviso  was  added  "that  if  Congress  shall  hereafter 
find  it  expedient,  they  shall  have  authority  to  form  one 
or  two  states  in  that  part  of  the  said  territory  which  lies 


*Hinsdale's  Northwest  303. 


MICHIGAN  AS  A  TERRITORY         I4I 

north  of  an  east  and  west  line  drawn  through  the  south- 
erly bend  or  extreme  of  Lake  Michigan." 

In  the  act  setting  off  the  Territory  of  Indiana,  it  was 
provided  that  whenever  that  part  east  of  the  meridian 
passing  through  the  mouth  of  the  Great  Miami  should 
be  erected  into  an  independent  state,  thenceforth  said 
line  shall  become  and  remain  the  boundary  line  between 
said  state  and  the  Indiana  Territory.  Act  May  7,  1800. 

This  would  seem  to  indicate  that  at  that  time  Con- 
gress expected  only  three  states  to  be  formed  out  of  the 
entire  Northwest  Territory,  but  as  we  have  seen  when 
on  April  30,  1802,  the  enabling  act  for  Ohio  was 
passed,  the  proposed  state  was  bounded  on  the  north 
by  the  "east  and  west  line  drawn  through  the  southerly 
bend  or  extreme  of  Lake  Michigan,"  thus  clearly  indi- 
cating that  Congress  had  then  concluded  to  form  at 
least  one  state  north  of  that  line. 

When  the  bill  to  organize  the  Territory  of  Michigan 
was  passed  January  11,  1805,  bounding  it  on  the  west 
by  a  north  and  south  line  through  the  middle  of  Lake 
Michigan*  it  became  clear  that  the  full  number  of  five 
states  were  to  be  formed,  and  eventually  the  greater  part 
of  a  sixth  state,  Minnesota,  was  carved  out  of  the  "old 
Northwest." 

On  the  17th  day  of  February,  1804,  the  house  of 
representatives  had  before  it  a  bill  from  the  senate  "to 
divide  the  Indiana  Territory  into  two  separate  govern- 
ments." A  select  committee  to  which  the  bill  had  been 
referred,  recommended  the  rejection  of  the  bill. 


*Sec.  14  Annals  of  Congress,  1659. 


142  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

This  bill  proposed  to  erect  a  new  territory  north  of 
the  line  extending  east  and  west  from  the  southerly 
extreme  of  Lake  Michigan.* 

The  report  was  opposed,  and  the  new  territory 
favored  by  Lucas  (Pa.)  Jackson  (Va.)  Sloan  (N.  J.) 
and  Morrow  (Ohio)  who  had  taken  his  seat  as  the  first 
representative  of  that  new  state  on  October  17,  1803. 
The  question  being  on  agreeing  to  the  report,  it  was 
decided  in  the  negative.  The  senate  bill  was  then  read  a 
second  time  and  so  amended  as  to  designate  the  new  ter- 
ritory by  the  name  of  Michigan,  instead  of  Northwest- 
em  Territory,  and  the  committee  then  rose  and  reported 
the  bill  to  the  house  which  ordered  it  to  a  third  read- 
ing on  the  morrow. t 


*In  1804  a  public  meeting  was  called  and  held  in  Detroit  and 
a  memorial  to  Congress  adopted,  asking  that  the  Territory  of 
Michigan  be  organized. 

tThe  following  from  the  New  York  Commercial  Advertiser  of 
February  29,  1804,  gives  a  contemporaneous  account  of  this  nam- 
ing of  the  "Territory  of  Michigan." 

("From  The  Commercial  Advertiser  of  Feb.  29,  1804.)  News 
of  the  National  Legislature.  The  House  (Feb.  17)  went  into  a 
committee  of  the  whole — Mr.  Varnum  in  the  chair. — On  the  report 
of  a  select  committee  on  the  bill  from  the  Senate,  to  divide  the 
Indiana  Territory  into  two  separate  governments.  The  report, 
for  reasons  assigned,  recommends  a  rejection  of  the  bill. 

The  report  was  supported  by  Messrs.  Grigg  and  Lyon,  princi- 
pally on  the  ground  that  the  population  around  Detroit  was  too 
small  to  justify  the  expenses  attending  a  separate  territorial  gov- 
ernment, and  on  the  ground  that  if  the  advantages  derivable  from 
a  separate  government  were  conferred  on  them,  the  right  would 
be  claimed,  with  equal  justice,  by  several  detached  settlements  on 
the  Mississippi  and  Louisiana  territories. 

The  report  was  opposed  by  Messrs.  Lucas,  Sloan  and  Jack- 
son and  Morrow  on  a  variety  of  grounds.  They  contended  that 
equal  justice  was  done  to  every  member  of  the  American  commun- 
ity, and  that,  of  course,  however  small  the  population,  it  was  enti- 
tled to  the  same  protection  with  a  community  of  larger  popula- 
tion; that  it  was  unjust  to  deprive  the  citizens  about  Detroit  of  the 
benefits  resulting  from  the  administration  of  justice;  that  Michili- 


MICHIGAN  AS  A  TERRITORY  1 43 

Jefferson  in  his  original  draft  of  the  ordinance  of 
1784  provided  for  a  state  to  be  called  Michigania, 
between  Lake  Michigan  and  the  Mississippi  river,  but 
this  was  stricken  out,  and  this  amendment  made  on  the 
17th  day  of  February,  1804,  so  far  as  we  have  been 
able  to  discover,  was  the  first  time  the  name  Michigan 
was  ever  officially  applied  to  the  peninsula  lying  between 
Lakes  Michigan  and  Huron. 

The  amendment  necessitated  the  return  of  the  bill  to 
the  senate,  and  the  first  session  of  the  8th  Congress 
adjourned  March  27th,  1804,  without  the  passage  of 
the  bill.  The  second  session  convened  on  November 
5,  1804,  and  the  Michigan  bill  was  taken  up,  and 
such  progress  was  made  that  on  January  11,  1805,  the 
act  to  establish  and  organize  the  territory  of 
Michigan  became  a  law,  but  not  to  take  effect  until 
June  30,  1805.  The  government  of  the  new  territory 
was  modeled  upon  that  of  the  Northwest  Territory, 
and  the  administration  was  confided  to  a  governor,  a 
secretary  and  three  judges  appointed  by  the  president, 
by  and  with  the  consent  of  the  senate  of  the  United 
States. 

The  governor  and  judges  jointly  constituted  the  legis- 


wackivoc,  (sic)  which  exported  produce  valued  at  above  $200,000, 
and  from  whose  exports  the  United  States  derived  a  revenue  of 
$17,000,  was  more  than  800  miles  from  the  present  seat  of  govern- 
ment. 

The  question  being  put  on  agreeing  to  the  report,  it  passed  in 
the  negative;  yeas  34. 

Then  the  bill  from  the  Senate  was  read  and  so  amended  as  to 
designate  the  new  territory  by  the  name  of  Michigan  instead  of 
North  Western  Territory,  and  the  committee  rose  and  reported 
the  bill  which  was  ordered  by  the  House  to  a  third  reading  to- 
morrow. 
11-10 


144  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

lature  and  were  empowered  to  make  and  repeal  all  laws, 
but  Congress  retained  a  veto  power  over  their  legisla- 
tion. 

The  first  governor  of  Michigan  Territory  was  Gen- 
eral William  Hull.  As  he  will  hereafter  be  a  conspicu- 
ous figure  in  this  history  a  brief  sketch  of  his  career  will 
be  in  place  at  this  point. 

He  was  born  at  Derby,  Connecticut,  in  1753,  and 
hence  was  fifty-two'  years  old  at  the  date  of  his  appoint- 
ment. He  was  graduated  at  Yale  College,  and  studied 
divinity  for  a  year;  then  turned  to  the  law,  and  was 
admitted  to  the  bar  in  1775.  That  year  he  was  chosen 
captain  of  a  company  and  joined  Washington's  army 
at  Cambridge.  He  continued  in  the  service  to  the  end 
of  the  war,  and  repeatedly  distinguished  himself,  and 
was  successively  promoted  to  be  major,  lieutenant-col- 
onel and  colonel.  He  was  present  at  the  surrender  of 
Cornwallis  at  Yorktown,  the  Appomattox  of  the  Rev- 
olution. He  commanded  Washington's  escort  when  he 
entered  New  York.  All  these  things  should  be  remem- 
bered when  we  come  to  the  year  18 12.  In  1786,  after  a 
service  of  eleven  years,  he  resigned  from  the  army  and 
commenced  the  practice  of  the  law  at  Newton,  Massa- 
chusetts. He  was  a  member  of  the  state  legislature  and 
a  major  general  of  militia. 

During  "Shay's  rebellion"  in  1787,  he  commanded 
one  wing  of  General  I^incoln's  force.  In  fact  it  was 
largely  due  to  Hull's  energy  and  promptness  that  the 
revolt  was  so  quickly  subdued. 

In   1793  he  was  appointed  by  Washington  a  com- 


y^ 


MICHIGAN  AS  A  TERRITORY  1 45 

missloner  to  treat  with  Indian  tribes.  In  1 798  he  visited 
Europe,  and  in  1805,  March  ist,  was  appointed  by 
President  Jefferson  first  governor  of  the  Territory  of 
Michigan. 

The  other  territorial  officials  were  Stanley  Griswold, 
secretary,  and  Augustus  B.  Woodward,  Frederick  Bates 
and  John  Griffin,  judges.  By  the  terms  of  the  Act  of 
Congress,  this  government  did  not  go  into  operation 
until  June  30,  1805,  but  before  that  date  a  startling 
event  happened,  the  story  of  which  is  reserved  to 
another  chapter. 


CHAPTER  X 

1800   TO    18 12 


DURING  the  period  from  1800  to  1805, 
while  Michigan  was  attached  in  whole 
or  in  part  to  theTerritory  of  Indiana,  no 
event  of  importance  to  Michigan  trans- 
pired, unless  the  first  act  of  Congress 
regulating  the  relations  with  the  Indian  tribes,  and  an 
act  providing  for  the  survey  and  disposal  of  lands  to 
which  the  Indian  title  had  been  extinguished,  be  so 
classed. 

The  latter  act  was  along  the  same  lines  indicated  in 
the  ordinance  of  1787,  and  in  the  act  to  enable  Ohio 
to  form  a  state  constitution.* 

In  consonance  with  the  ordinance,  Article  III  of  the 
"Compact,"  declaring  that  "schools  and  the  means  of 
education  shall  forever  be  encouraged,"  every  section  16 
of  the  public  domain  was  reserved  for  school  purposes, 
and  one  entire  township  for  a  "seminary  of  learning." 
The  latter  became  the  foundation  of  the  University  of 
Michigan. 

The  startling  event  referred  tO'  in  the  close  of  the  last 
chapter  was  the  almost  total  destruction  of  Detroit,  the 
capital  of  the  new  territory,  by  fire,  before  the  arrival 
of  the  new  officials,  June  11,   1805. 

Detroit  was  the  oldest  and  most  considerable  town 
in  the  Northwest,  having  been  founded  In  1701  by 
Antoine  de  La  Mothe  Cadillac. 

In  1762  it  withstood  a  long  Indian  selge  by  Pontlac 


*In  i8o2  a  memorial  or  petition  adopted  by  a  convention  held 
at  Vincennes,  the  capital,  was  presented  to  Congress  by  Wm.  Henry 
Harrison,  asking  that  Art.  VI  of  the  compact,  forbidding  slavery,  be 
suspended  for  10  years. 

149 


150     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

and  his  Ottawa  warriors  and  their  allies.  Like  most, 
if  not  all,  frontier  towns  situated  on  the  far  advanced 
outposts  of  civilization,  and  in  the  midst  of  a  savage 
population  liable  to  become  hostile  at  any  moment,  it 
was  rudely  fortified  by  a  stockaded  fort,  originally 
called  by  the  French  Fort  Pontchartraln.  In  1778 
when  Detroit  was  a  British  post  and  George  Rogers 
Clark  was  threatening  the  Northwest,  a  new  fort  was 
built  on  the  next  ridge  or  terrace  farther  back  from  the 
river  on  the  rise:  of  land  along  which  Fort  street  now 
runs,  and  on  the  spot  where  the  new  city  post  office  Is 
located.  The  population  was  still  mostly  French,  and 
the  town  continued  crowded  within  the  old  stockade 
near  the  river.  "The  fort  (Lernoult)  was  on  the  out- 
side of  this  stockade  and  behind  the  town.  The  build- 
ings were  of  wood  and  contiguous  to  each  other  and 
combustible.  The  fire  broke  out  In  a  stable  at  about 
ten  o'clock  in  the  morning  *  *  *  at  the  end  of 
three  or  four  hours  but  two  buildings  were  standing,  one 
a  store  house  belonging  to  Mr.  Mcintosh,  the  other  a 
bake-house  at  the  water's  edge.  The  entire  population 
was  thus  rendered  houseless."* 

On  the  next  day  after  "the  great  fire,"  June  12,  1805, 
Governor  Hull  and  his  officials  arrived  at  Detroit  only 
to  find  the  capital  a  mass  of  smouldering  coals  and 
ashes,  and  the  houseless  people  encamped  In  the  fields 
adjacent  tO'  the  fort,  In  tents  and  shacks  and  such  make- 
shift shelters  of  boughs  and  bark  and  sail-cloth  as  could 
be  collected  for  the  purpose. 


♦Col.  Henry  Whiting,  Historical  Sketches,  123. 


MICHIGAN  AS  A  TERRITORY  151 

The  governor  and  judges  took,  the  oath  of  office  and 
on  the  30th  of  the  month,  in  accordance  with  Act  of 
Congress  of  January  iith,  the  civil  government  of  the 
Territory  of  Michigan,  as  such,  was  put  in  operation. 
Theretofore  under  French,  British  and  American  rule 
the  military  commander  was  the  government. 

At  once  difficulty  arose  in  regard  to  rebuilding  the 
town.  Outside  the  old  stockade,  there  was  no  one 
authorized  to  make  deeds  of  building  lots  or  to  give 
title  to  lands.  Congress  had  not  as  yet  provided  for 
surveys  and  sales. 

Congress  had  adjourned  on  March  3rd,  and  did  not 
meet  again  until  December  2nd. 

Meanwhile  the  governor  and  judges  were  doing  what 
they  could  as  the  law-makers  of  the  territory  to  allevi- 
ate the  situation. 

On  October  10,  1805,  they  made  an  official  statement 
to  the  president,  to  be  transmitted  to  congress,  of  the 
destruction  of  the  town,  and  the  existing  difficulties  in 
regard  to  land  titles. 

On  April  21,  1806,  Congress  passed  an  act  "for  the 
adjustment  of  land  titles  in  the  town  of  Detroit." 

It  authorized  the  governor  and  judges  "to  lay  out  a 
town,  including  the  whole  of  the  old  town  of  Detroit 
and  ten  thousand  acres  adjacent,  excepting  such  parts 
as  the  president  of  the  United  States  shall  direct  to  be 
reserved  for  the  use  of  the  military  department,  and 
shall  hear,  examine  and  finally  adjust  all  claims  to  lots 
therein,  and  giv^e  deeds  for  the  same."* 


*I5  Annals  of  Congress  1283. 


152  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

The  board  so  constituted  commenced  its  sessions  Sep- 
tember 6,  1806,  at  the  house  of  Governor  Hull,  who 
had  been  one  of  the  first  to  build  after  the  fire.  There 
were  present  Governor  Hull,  Peter  Audrain,  secretary, 
the  Chief  Justice  (Woodward)  and  Justice  Bates.  Asa 
Jones  was  appointed  sergeant  at  arms  of  this  august 
body.  The  Act  of  Congress  was  read  and  referred  to 
Judge  Woodward  to  recommend  and  report  a  plan  of 
procedure. 

On  September  8,  Judge  Woodward  made  his  report, 
and  recommended  the  adoption  of  this  resolution : 

"Resolved,  That  it  is  expedient  immediately  to  lay 
out  and  survey  a  town  under  said  act  of  congress,  and  to 
adjust  the  titles  and  claims  to  lands  and  lots  therein."* 
And  thereupon  a  series  of  resolutions  were  adopted 
specifying  the  manner  in  which  "it  will  be  expedient"  to 
allot  and  set  apart  the  "donation  lots." 

Also  the  following  resolution  was  adopted,  which 
marks  the  first  incorporation  in  the  history  of  the  Terri- 
tory of  Michigan :  "Resolved,  That  it  will  be  expedient 
immediately  to  incorporate  the  said  town  of  Detroit  into 
a  city,  and  to  provide  by  law  for  the  government  of  the 
same." 

On  the  same  day  Judge  Woodward  presented  his  bill 
for  the  incorporation  of  the  city,  and  it  was  passed  on 
the  13th  under  the  title  "An  act  concerning  the  city  of 
Detroit."!     Two  days  later,  September  15,    1806,  he 


*SheIdon's  Early  History,  Chapter  XXI. 

tit  seems  that  the  second  General  Assembly  of  the  Northwest 
Territory  passed  an  act  of  incorporation  of  Detroit,  Nov.  1801.  King, 
Ohio,  282. 


MICHIGAN  AS  A  TERRITORY  I  53 

presented  and  the  council  passed  an  act  to  incorporate 
the  Bank  of  Detroit. 

On  March  3,  1807,  congress  passed  an  act  regulating 
grants  of  land  in  Michigan  Territory,*  and  on  the  same 
day  disapproved  an  act  of  the  governor  and  judges  of 
the  Territory'  of  Michigan  regarding  the  Bank  of 
Detroit.f 

It  was  in  May,  1806,  that  the  governor  and  judges 
adopted  the  body  of  laws  which  became  known  as  the 
"Woodward  Code."§  The  board  continued  to  adjust 
land  claims  and  assign  lots  to  the  inhabitants  throughout 
the  year  1806,  and  a  part  of  the  next  year,  when,  appar- 
ently, all  had  been  adjusted  that  under  the  most  liberal 
construction  could  be  brought  within  the  terms  of  the 
act  of  congress. 

In  order  to  comply  with  the  act  of  congress  of  April 
21,  1806,  "to  lay  out  a  town,  including  the  whole  town 
of  Detroit,  and  10,000  acres  adjacent,"  etc.,  it  became 
necessary  to  have  a  plan  for  the  new  town. 

This  work  appears  to  have  been  entrusted,  like  most 
other  things,  to  Judge  Woodward,  and  the  plan  upon 
which  the  City  of  Detroit  has  been  built  has  been  gen- 
erally attributed  to  him.H 

The  basis  of  this  plan  was  a  great  central  avenue, 
running  back  into  the  country  at  right  angles  with  the 
strait  or  river,  intersected  by  streets  and  avenues  run- 


*i6  Annals  of  Congress  1280. 

ti6  Annals  of  Congress  1287. 

§The  "Woodward  Code"  consisted    of  34  acts,  passed  between 
July  9,  180S,  and  Oct.  8,  1805.    Printed  at  Washington,  D.  C,  1808. 
HWhiting  Historical  Sketches,  123-4. 


154     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

ning  at  right  angles  thereto,  and  interrupted  by  two 
systems  of  radiating  avenues  at  the  "Campus  Martius," 
and  the  "Grand  Circus." 

The  general  idea  of  the  plan  seems  to  have  been  tak- 
en from  Major  L'Enfant's  then  recently  completed  plan 
for  the  "Federal  City,"  Washington,  with  its  rectangu- 
lar system  of  streets  interrupted  by  radiating  avenues  di- 
verging from  the  capitol  and  executive  mansion.  The 
plan  of  Detroit  has  been  greatly  ridiculed  and  much 
praised.  Like  the  City  of  Washington,  it  affords  a  ready 
means  for  getting  quickly  and  directly  from  the  centre  ot 
the  city,  at  the  intersection  of  the  main  avenues,  to  the 
outlying  districts  and  suburbs,  with  least  expenditure  of 
time  and  force,  while  at  the  same  time  it  has  all  the  ad- 
vantages of  a  rectangular  city.  L'Enfant's  plan  of 
Washington  has  been  praised  by  experts  as  an  unusually 
fine  conception,  and  what  is  fine  in  the  Capital  City  can- 
not well  be  ridiculous  in  the  metropolis  of  Michigan, 
though  there  may  be  now  and  then  a  building  lot 
spoiled  at  the  acute  angles  of  the  diagonal  streets  and 
avenues. 

It  must  be  constanly  borne  in  mind  that  the  Indian  ti- 
tle had  not  yet  been  extinguished,  except  as  to  the  six 
mile  strip  from  the  River  Raisin  to  Lake  St.  Clair,  and 
that  even  this  strip  had  not  been  surveyed  into  lots  and 
brought  into  market;  therefore  settlement  was  confined 
to  the  old  French  grants  along  the  river  front,  and  al- 
most entirely  within  the  six  mile  strip. 

The  only  road — the  one  by  which  Hamtramck's  and 
Wayne's  troops  had  come  ten  years  before — ran  parallel 


MICHIGAN  AS  A  TERRITORY  I  55 

with  the  river,  and  kept  near  the  water.  The  farms, 
such  as  they  were,  had  a  narrow  frontage  on  the  river 
and  extended  back  Into  the  forest.  The  houses  were 
generally  of  a  single  type,  one-stor)^,  wide-roofed,  low- 
eaved,  with  dormer  windows  In  the  roof,  surrounded 
by  heavy  palings  or  pickets,  which  being  whitewashed, 
presented  a  neat  and  picturesque  appearance  from  the 
river. 

Hlldreth,  writing  of  the  year  18 12,  and  speaking  of 
Governor  Hull's  arrival  at  Detroit,  says  "Hull's  army 
reached  Detroit,  which  contained  at  that  time  only  some 
800  inhabitants.  The  neighboring  villages  on  the  strait 
had  about  twice  as  many;  the  whole  Terrltor}^  of  Michi- 
gan not  much  above  5,000,  most  of  them  of  French 
origin."* 

Where  these  "neighboring  villages"  were  Hlldreth 
does  not  intimate,  but  doubtless  he  Includes  Grosse 
Pointe,  at  the  outlet  of  Lake  St.  Clair,  and  the  almost 
continuous  farms  between  there  and  the  town  of  Detroit, 
and  settlements  on  the  River  Rouge  and  at  Brownstown 
below  the  town. 

The  village  at  Frenchtown  or  River  Raisin  could 
hardly  be  considered  on  the  strait.  There  had  been, 
from  1782  to  1786,  a  Moravian  settlement  on  the 
Huron  (Clinton)  river,  on  the  present  site  of  Mount 
Clemens,  where  27  log  houses  with  outbuildings  had 
been  erected. t 


*VI  Hildreth  338. 

tSee  petition  of  David  Zeisbcrger  and  John  Heckerwelder  and 
others,  in  appendix  "C"  published  herewith  for  the  first  time  from 
the  Askin  manuscripts  belonging  to  C.  M.  Burton,  Detroit. 


156  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

It  is  understood  that  on  the  removal  of  the  Mora- 
vians in  the  spring  of  1786,  the  improvements  were 
bought  up  by  John  Askin,  Sr.,  and  that  a  permanent 
white  settlement  was  made  there;  but  the  land  belonged 
to  the  Chippewas  until  they  ceded  it  by  the  treaty  of 
Brownstown  in  1807.  There  was  but  little  change  or 
growth  between  the  years  1806  and  18 12. 

The  great  drawback  in  1806  was  the  presence  and 
title  of  the  Indians.  It  was  in  that  year  that  Tecumseh 
the  Shawanese  chief  and  his  brother  the  Prophet  were 
organizing  or  endeavoring  to  organize  a  great  Indian 
Confederacy  of  the  Ohio,  Indiana  and  Michigan  tribes 
to  "build  a  dam"  against  white  inroads. 

The  fear  of  another  Indian  war  took  hold  of  the 
people,  on  the  frontiers,  and  Michigan  was  then  so 
remote  from  the  Ohio  and  Kentucky  settlements  on  the 
south,  and  from  the  New  York  settlements  on  the  east, 
that  emigrants  were  reluctant  to  plunge  so  far  into  the 
wilderness,  and  so  remote  from  the  succor  of  their  white 
brethren.  This  fear  took  definite  form  at  Detroit  in 
the  rebuilding  and  enlarging  of  the  stockade,  and  the 
improving  of  the  fort  which  had  already  gone  to  decay 
prior  to  American  occupancy. 

Moreover,  as  we  have  seen  in  the  period  prior  to 
Wayne's  treaty,  the  Indians  naturally  gravitated  to  the 
side  of  Great  Britain,  finding  sympathy,  encourage- 
ment and  material  assistance  there ;  and  now  a  new  war 
cloud  was  looming  across  the  Atlantic. 

Under  all  these  circumstances  Governor  Hull  was 
instructed  and  commissioned  to  negotiate  a  treaty  with 


MICHIGAN  AS  A  TERRITORY  I  57 

the  peninsular  and  allied  tribes,  and  a  council  was 
called  to  meet  at  Brownstown,  on  the  river  front  below 
Detroit,  where  on  November  7,  1807,  was  signed  the 
treaty  commonly  known  as  the  treaty  of  Brownstown  or 
the  treaty  of  Detroit.* 

This  treaty  was  concluded  between  the  sachems,  chiefs 
and  warriors  of  the  Ottawa,  Chippewa,  Wyandot  and 
Pottawattamie  nations,  on  the  one  part,  and  William 
Hull,  Governor  of  the  Territory  of  Michigan  commis- 
sioner on  the  part  of  the  United  States,  on  the  other. 
The  aforesaid  sachems,  chiefs  and  warriors  "cede, 
relinquish  and  forever  quitclaim  unto  the  United  States, 
etc.,  beginning  at  the  mouth  of  the  Miami  river  of  the 
Lake,  (Maumee),  and  running  thence  up  the  middle 
thereof  to  the  mouth  of  the  great  Auglaize  river,  thence 
running  due  north  until  it  Intersects  a  parallel  of  lati- 
tude to  be  drawn  from  the  outlet  of  Lake  Huron  which 
forms  the  River  St.  Clair,  thence  northeast  the  course 
that  may  be  found  will  lead  In  a  direct  line  to  White 
Rock  in  Lake  Huron,  thence  due  east  until  it  intersects 
the  boundary  line  between  the  United  States  and  Upper 
Canada,  thence  southerly  following  said  boundary  line 
down  said  lake  through  River  St.  Clair,  Lake  St.  Clair 
and  the  River  Detroit  into  Lake  Erie  to  a  point  due 
east  of  the  aforesaid  Miami  river." 

The  consideration  for  this  cession  was  $10,000  down 
in  goods  and  money,  and  $2,400  annually  to  be  divided 
among  the  tribes.    The  Indians  were  to  have  the  right 


*See  VI  American  State  Papers  746  for  the  full  text  of  this 
treaty. 


158  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

to  hunt  and  fish  upon  the  lands,  so  long  as  they  belonged 
to  the  United  States,  and  the  said  tribes  placed  them- 
selves under  the  protection  of  the  United  States. 

This  treaty  extinguished  the  Indian  title  practically  to 
all  that  part  of  the  territory  east  of  the  "principal  meri- 
dian" of  Michigan,  and  south  of  Saginaw  (or  Sagana) 
bay,  for  the  treaty  was  so  interpreted  as  to  Include  the 
sources  of  all  the  streams  flowing  eastward  and  south- 
ward, along  the  northeast  line  from  the  principal  meri- 
dian, on  the  county  line  between  Clinton  and  Shiawasse 
counties  to  White  Rock  in  Huron  county  on  Lake 
Huron,  And  all  this  vast  domain  for  $10,000  and  an 
annuity  of  $2,400. 

This  treaty  marks  an  epoch  in  the  history  of  Michi- 
gan, for  it  opened  up  to  survey  and  settlement  the  whole 
territory  as  far  west  as  the  site  of  Jackson,  and  as  far 
north  as  Saginaw  river  and  bay. 


CHAPTER  XI 
A  Stationary  Period 


II-U 


FROM  the  year  1 807  to  1 8  1 2  there  Is  not  much 
to  record  In  regard  to  the  general  growth  or 
progress  of  Michigan  Territory.*  The  set- 
tlements and  population  remained  about  the 
same.  Some  few  American  merchants  and 
other  people  connected  with  the  administration  of  the 
territorial  government  were  coming  In  and  settling  at 
Detroit  and  along  the  river  front ;  but  as  yet  there  were 
no  roads  leading  into  the  interior,  except  Indian  trails, 
of  which  the  principal  one  led  to  the  northward  toward 
Michllimackinac  and  Sault  Ste.  Marie.  This  was  the 
"war-path"  which  connected  the  Chlppewas  and  Otta- 
was  of  the  north  with  the  Wyandots  and  Delawares,  the 
Shawanees  and  Miamies  on  the  south. 

But  the  principal  travel  both  of  the  whites  and 
Indians  was  by  water  along  the  lakes,  the  straits  and 
the  rivers  connecting  them.  Between  these  there  were 
well-defined  and  well-trodden  "portages,"  over  which 
they  carried  their  canoes  and  burdens.  One  very  well 
known  and  much  traveled  route  was  that  from  the 
Michigan  Peninsula  by  the  Detroit  river  and  Lake  Erie 
to  the  mouth  of  the  Cuyahoga  river  (present  site  of  the 
city  of  Cleveland)  thence  up  the  Cuyahoga  as  far  as 
navigable  for  canoes,  thence  by  portage  to  the  head 
waters  of  the  Tuscarawas  river,  thence  by  the  Muskin- 
gum, to  the  Ohio.  A  part  of  this  route  had  been  three 
times  made  a  treaty  line  between  the  Indians  and  whites. 


*But  during  this  period  much  was  done  in  the  way  of  settHng 
land  titles  in  and  about  Detroit,  thus  preparing  the  way  for  subse- 
quent growth.  '  \ 

161 


1 62  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

Another  famous  portage  was  that  between  the  head- 
waters of  the  Maumee  (Miami  of  Lake  Erie)  and  the 
sources  of  the  Great  Miami,  and  thence  to  the  Ohio. 

Th'ere  were  few  of  these  portages  in  Michigan,  as 
the  travel  was  mostly  on  north  and  south  lines,  and  by 
water  on  either  side  of  the  peninsula.  There  was  a 
portage  of  considerable  importance  between  the  most 
southerly  bend  of  the  St.  Joseph  and  the  most  northerly 
bend  of  the  Wabash.  But  for  purposes  of  settlement 
these  Indian  trails  cut  no  figure.* 

At  this  period  there  were  no  water  mills  of  any  kind 
in  the  territory.  An  attempt  was  made  prior  to  1795 
to  construct  a  floating  grist  mill  on  Detroit  river,  the 
wheel  to  be  turned  by  the  surface  current  of  the  river, 
but  it  proved  a  failure  and  was  abandoned.!  The  grind- 
ing was  done  in  windmills  built  by  the  French,  of  which 
several  added  picturesquesness  to  the  Detroit,  some  even 
as  late  as  the  end  of  the  territorial  period. 

Two  things  especially  were  keeping  back  the  settle- 
ment of  the  territory:  First,  Michigan  was  bordered 
along  its  entire  eastern  boundary  by  Upper  Canada,  a 
British  province,  and  liable  at  any  moment  to  become 
hostile  territory,  exposing  that  whole  frontier,  from 
Sault  Ste.  Marie  and  Michilimackinac  to  Maumee  bay, 
to  invasion  by  the  Indian  allies  of  Great  Britain,  as  well 
as  by  British  troops;  and  the  war-cloud  had  been  gath- 


*The  great  Pottawattamie  trail  led  from  the  St.  Joseph  to  the 
Detroit  river.  The  great  Chicago  road  was  afterward  laid  out  sub- 
stantially on  that  trail. 

tSee  Weld's  travels,  quoted  in  Centennial  of  Evacuation  of  De- 
troit, page  95. 


MICHIGAN  AS  A  TERRITORY  1 63 

ering,  more  and  more  portentous,  since  the  opening 
years  of  the  century.  The  other  cause  was  the  constant- 
ly increasing  prospect  of  a  new  attempt  by  a  confedera- 
tion of  Indians  drawn  together  and  led  by  the  Shawan- 
ese  twins,  Tecumseh  and  his  Prophet-brother  Elsqua- 
tawa. 

Tecumseh  was  an  orator  of  great  ability  and  elo- 
quence. He  was  also  a  warrior  of  intrepid  boldness, 
undoubted  personal  courage,  and  of  considerable  skill 
as  a  strategist.  He  died  a  brigadier  general  in  the 
British  service,  at  the  battle  of  the  Thames,  October 
5,  1 8 13,  and  there  is  good  reason  to  believe  that  he 
was  not  only  a  better  soldier,  but  a  more  humane  and 
honorable  man  than  General  Proctor,  his  English  com- 
mander. Tecumseh  was  not  a  sachem  of  his  tribe,  nor 
even  a  chief  of  a  band.  His  influence  was  gained  by 
his  personal  shrewdness  and  eloquence. 

Elsquatawa — the  Prophet — was  an  unscrupulous 
fraud.  He  w^as,  or  pretended  to  be,  a  religious  fanatic 
and  great  "medicine  man."  Their  shibboleth  was  "no 
more  Cessions  of  lands  to  the  Whites."  Between  them, 
they  left  a  bloody  mark  on  the  Territory  of  Michigan, 
at  the  Rapids  of  the  Maumee,  at  the  River  Raisin,  at 
Maguaga*  and  at  Brownstown,  until  the  end  came  on 
the  banks  of  the  Thames. 

As  early  as  1807,  Tecumseh  began  his  work,  travel- 
ing from  tribe  to  tribe,  exciting  the  discontented  ele- 
ments to  unite  in  opposition  to  any  more  treaties  ceding 
Indian  lands  to  the  United  States.     In   1809  he  was 


♦Modern  "Monguagon." 


164     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

among  the  New  York  tribes,  and  claimed  to  have  trav- 
eled as  far  south  as  Florida,  and  "so  far  north  that 
snow  covered  the  ground  at  midsummer." 

In  1 8 10  the  British  minister  at  Washington  gave 
warning  to  our  government  that  the  Northwestern 
Indians  meditated  war.* 

The  Prophet  had  withdrawn  from  his  tribe,  the 
Shawanees,  on  the  Wabash,  with  his  followers,  and  had 
established  (1806)  a  village  of  his  own  near  Green- 
ville, on  the  Ohio  line,  where  he  set  up  his  religious 
rites,  and  whither  he  summoned  the  discontented  from 
all  the  neighboring  tribes.  Among  other  devices  of 
the  Prophet  to  bring  supporters  to  himself  and  his 
brother,  he  sent  out  a  prophesy  that  total  darkness  was 
going  to  prevail  over  all  the  earth,  except  in  the  Imme- 
diate vicinity  of  his  village  on  the  Tippecanoe,  a  north- 
em  branch  of  the  Wabash,  whither  he  had  removed 
in  the  summer.  He  advocated  the  discarding  of  all 
the  ways  of  the  whites,  their  dress  and  even  their 
weapons.  He  taught  that  if  they  were  to  expel  the 
whites,  they  must  return  to  the  ways  of  their  fathers, 
the  war-club,  the  stone  tomahawk  and  the  bow  and 
arrow.  His  religious  ceremonies  were  Interspersed  with 
war-like  exercises  with  these  primitive  weapons. f  The 
report  of  these  war-like  proceedings  reached  Governor 
Harrison  at  Vincennes,  the  capital,  and  led  to  a  visit 
from  the  Prophet  to  the  governor,  in  which  he  expressed 
a  strong  desire  for  peace. 


♦King  317. 

tVI  Hildreth's  History  253. 


MICHIGAN  AS  A  TERRITORY  165 

In  September,  1809,  Governor  Harrison  held  a 
treaty  conference  at  Fort  Wayne,  with  the  chiefs  of  the 
Delawares,  Pottawatamies,  Miamis,  Kickapoos,  Weas 
and  Eel  River  Indians  by  which  he  obtained  a  cession 
of  lands  extending  up  the  Wabash  above  Terre  Haute. 
Tecumseh  and  his  brother  denounced  the  treaty  on 
the  ground  that  the  lands  were  common  property  of  all 
the  tribes  and  could  only  be  ceded  by  the  consent  of  all, 
and  they  threatened  death  to  all  the  chiefs  who  had 
signed  the  treaty. 

In  consequence  of  fresh  war-like  rumors.  Governor 
Harrison  invited  Tecumseh  and  the  Prophet  to  a  con- 
ference at  Vincennes  (August,  1 8 10)  to  which  Tecum- 
seh came  in  war-like  state,  accompanied  by  a  retinue  of 
400  warriors,  and  in  his  speech  frankly  avowed  his 
intention  of  establishing  the  policy  of  no  more  cessions 
without  the  common  consent.  He  also  declared  his  pur- 
pose to  kill  all  the  chiefs  concerned  in  making  the  late 
treaty.  It  was  in  this  speech  that  he  declared  his  pur- 
pose to  "build  a  dam"  to  resist  "the  mighty  water,  ready 
to  overflow  his  people." 

Carried  away  by  the  flood  of  his  own  eloquence,  he 
sprang  to  his  feet  and  gesticulated  frantically,  and  pro- 
nounced the  statements  of  Governor  Harrison  false. 
Excited  by  his  manner  and  words,  his  warriors  also 
sprang  up  and  drew  their  tomahawks  and  a  bloody  en- 
counter if  not  a  massacre,  was  narrowly  averted.  Being 
informed  by  the  interpreter  what  Tecumseh  had  said, 
the  governor  calmly  turned  to  Tecumseh  and  told  him 
that  he  "was  a  bad  man,  and  that  he  would  hold  no 


I  66  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

further  communication  with  him"  and  that  he  must  de- 
part from  the  settlements  without  delay.*  The  next 
morning  Tecumseh  sought  the  Governor  and  apolo- 
gized for  his  violence  the  day  before,  but  he  still  ad- 
hered to  his  design  of  forming  a  grand  confederacy  of 
all  the  tribes  to  put  an  end  to  the  encroachments  of  the 
whites.  After  declaring  his  purpose  to  "erect  a  dam" 
"to  resist  this  mighty  water"  he  said  "Your  great  Fath- 
er may  sit  over  the  mountains  and  drink  his  wine,  but  if 
he  continues  this  policy,  you  and  I  will  have  to  fight  it 
out."t 

Notwithstanding  Governor  Harrison's  efforts  for 
peace,  the  Prophet  continued  to  put  forth  every  effort  to 
gather  a  large  following  about  him,  and  Tecumseh  went 
from  tribe  to  tribe  far  and  wide,  to  enlist  them  in  his 
great  confederacy.  The  treaty  of  Fort  Wayne  was 
made  the  present  grievance,  and  "no  more  cessions"  the 
battle  cry. 

The  Prophet  had  gathered  about  him  the  lawless 
and  the  discontented  from  numerous  tribes,  and  the 
rash  young  men,  removed  from  the  authority  and 
restraints  of  their  lawful  chiefs ;  and  in  the  spring  and 
summer  of  1811,  while  Tecumseh  was  absent  on  his 
southern  tour,  depredations  of  all  kinds,  from  sneak- 
thieving  to  murder,  grew  more  and  more  frequent.  An 
appeal  was  made  to  President  Madison  and  the  Fourth 
Regulars,  Colonel  Boyd  commanding,  was  ordered  to 


*VI  Hildreth  255. 

tjackson's  Life  of  Harrison  71. 


MICHIGAN  AS  A  TERRITORY  1 67 

Vincennes,  the  capital  for  the  protection  of  the  terri- 
tory. 

The  governor  was  also  directed  by  the  president  to 
march  with  a  military  force  to  the  Prophet's  town  on 
the  Tippecanoe,  but  to  avoid  hostilities  if  possible. 

The  governor  assembled  at  Fort  Harrison  (Terre 
Haute)  on  the  Wabash  60  miles  above  Vincennes,  a 
force  of  about  900  men,  consisting  of  the  Fourth  Reg- 
ulars, about  350  men,  and  the  rest  volunteers  and 
militia  of  Indiana  and  Kentucky.* 

Harrison  had  served  under  Wayne  in  his  campaign, 
as  his  aid-de-camp  and  now  followed  strictly  his  exam- 
ple, thoroughly  drilling  his  troops  in  Indian  methods  of 
warfare.  Still  seeking  a  peaceable  solution,  he 
demanded  of  the  Prophet  the  horse-thieves  and  mur- 
derers known  to  be  sheltered  in  his  camp.  But  the  mes- 
sengers (friendly  Delawares  and  Miamies)  were  treated 
with  abuse  and  insult  and  sent  back  without  satisfaction. 
Following  this,  a  band  of  renegades  from  the  Prophet's 
town  approached  Harrison's  camp  and  fired  on  his  sen- 
tinels, wounding  one.  On  October  11,  181 1,  Governor 
Harrison  advanced  from  Fort  Harrison,  and  on  Novem- 
ber 6th,  had  arrived  within  two  miles  of  the  Prophet's 
town,  and  was  advancing  in  order  of  battle,  when  he 
was  met  by  a  deputation  of  the  Prophet's  councilors, 
who  declared  they  were  sent  to  ascertain  why  he  was 
advancing  upon  their  town  in  military  array.  They 
declared  that  the  Prophet  was  anxious  for  peace,  and  a 


♦VI  Hildreth  257. 


I  68  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

suspension  of  hostile  movements  was  agreed  upon  until 
next  day. 

Harrison  not  having  the  most  implicit  confidence  in 
the  good  faith  of  the  Prophet,  selected  a  strong  and 
defensible  position,  about  a  mile  from  the  town,  and 
encamped  his  troops  in  a  hollow  square  with  dragoons 
in  the  centre  as  a  reserve.  The  night  was  dark  and  a 
drizzling  rain  set  in  after  midnight.  But  like  his  old 
chief  Wayne,  Harrison  left  nothing  to  chance.  With 
his  staff  he  was  up  long  before  daylight,  just  in  time  to 
meet  the  attack  of  the  Indian  hordes  at  about  four 
o'clock  in  the  morning.  The  onset  was  sudden  and 
fierce,  and  both  sides  fought  with  the  utmost  courage 
and  determination.*  But  with  the  coming  of  daylight, 
the  dragoons  were  mounted  and  horse  and  foot  charged 
impetuously  on  both  flanks,  and  the  Indians  were  put 
to  utter  rout.  The  warriors  were  supposed  to  number 
about  one  thousand.  They  were  from  many  tribes,  and 
were  led  by  warriors  Whitehorn,  Stone  Eater  and  Win- 
nemac,  the  latter  of  whom  had  formerly  professed  great 
friendship  for  Governor  Harrison.  The  losses  on  both 
sides  were  heavy.t  Tecumseh  was  away  at  the  time  of 
the  battle  and  the  Prophet  did  not  personally  participate 
in  the  fighting,  but  from  a  near-by  hill  chanted  his 
war  songs,  and  performed  weird  religious  incantations. 
The  Indians  fled  and  scattered  after  the  defeat,  and 
Harrison,  after  burying  the  dead  and  destroying  the 


♦Jackson's  Life  of  Harrison  (1840)  p.  93.    Hildreth  VI,  258. 
tffarrison's  loss  was  upward  of  60  killed  and  twice  that  num- 
ber wounded — Hildreth  VI,  258. 


TECUMSEH 


ELSQUATAWA 

(THE    PROPHET) 


TIPPECANOI.  BA  iriJ:  (.ROUND  IN  i860 


MICHIGAN  AS  A  TERRITORY  I  69 

town,  returned  with  his  wounded  to  Fort  Harrison,  and 
thence  by  boat  to  Vincennes. 

The  battle  of  Tippecanoe  has  been  claimed  by  some 
to  have  been  the  precursor  if  not  the  opening  act  of  the 
War  of  18  12  with  England,  upon  the  ground  that  the 
British,  ever  since  the  surrender  of  the  northwestern 
posts,  had  systematically  courted  the  favor  of  the 
Indian  tribes  by  attentions  and  presents,  and  excited 
their  discontent  and  hostility  toward  the  Americans,  on 
account  of  their  constant  and  increasing  aggressions  on 
the  Indian  country.  Some  color  was  given  to  this  claim 
later,  when  Tecumseh  on  his  return,  at  once  joined  the 
British,  even  before  the  declaration  of  war. 

That  storm  which  had  been  gathering  for  years,  was 
now  ready  to  break.  On  June  i,  18 12,  President  Madi- 
son sent  to  Congress  a  confidential  message,  in  which  he 
recapitulated  the  various  grievances  against  Great 
Britain  which  had  been  openly  discussed  in  both  houses 
of  Congress  throughout  the  previous  winter  and  spring; 
— the  impressments  of  our  seamen,  the  disregard  of  our 
neutral  rights,  the  seizure  of  our  merchant  ships,  her 
injurious  "orders  in  council,"  her  paper  blockades 
unsupported  by  adequate  force,  and  in  addition  to  this 
her  suspected  instigation  of  Indian  hostilities,  and,  taken 
altogether  her  conduct  would  be  proved  to  amount  to  a 
state  of  war. 

Three  days  later  Calhoun  presented  a  bill  declaring 
a  state  of  war  to  exist  with  Great  Britain. 

It  had  become  pretty  evident,  from  the  debates  in 
Congress,  that  in  case  of  war  an  attempt  would  be  made 


lyO  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

to  invade  Canada,  and  this  rendered  it  certain  that 
Michigan  would  be  one  of  the  very  first  to  feel  the 
actual  presence  of  war;  and  it  was  not  long  before  it 
was  apparent  that  the  first  blow  was  to  come  from 
Tecumseh  and  his  followers,  a  counter-stroke  for  the 
battle  of  Tippecanoe. 


CHAPTER  XII 
The  Beginning  of  the  War 


IF  any  American  has  any  doubt  of  his  ability  to 
blush,  and  desires  to  put  that  question  to  the 
test,   he  has  only  to  read  the  history  of  the 
first  year  of  the  War  of  1 8 12-15  o"  the  land, 
to  make  the  test  complete,  exhaustive  and  final. 
Never  did  any  nation,  we  believe,   plunge   into   an 
international  war  so  ill-prepared  for  the  conflict,  or  so 
little  comprehending  the  task  before  it. 

The  preceding  winter  and  spring  had  been  occupied 
in  Congress  with  little  else  than  talk  of  war,  in  which  the 
conquest  of  Canada  formed  a  most  conspicuous  fea- 
ture. 

Governor  Hull  had  spent  the  winter  in  the  east,  in 
Connecticut,  his  native  state,  and  Massachusetts,  his 
adopted  home,  and  thence  had  been  called  to  Wash- 
ington for  conference  with'  the  president  and  secretary 
of  war.  As  war  with  England  then  seemed  well  nigh 
certain,  it  is  not  only  just  to  presume,  but  it  is  historically 
certain  that  the  purpose  of  these  conferences  was  to  dis- 
cuss what  afterward  was  attempted — the  invasion  of 
Upper  Canada  from  the  Michigan  frontier.  On  March 
6,  18 1 2,  Governor  Hull  addressed  to  the  secretary'  of 
war  (Wm.  Eustis  of  Mass.)  a  formal  memorial  in 
writing  on  the  subject.  This  document  will  be  found  in 
full  in  the  "Defense  of  General  Hull,"  printed  at  Bos- 
ton, 1 8 14,  (the  same  year  of  his  trial  by  court  martial) 
by  Wells  and  Lilly,  printers.  In  this  memorial  Gov- 
ernor Hull  discusses  fully  the  defenseless  situation  of 
Michigan,  the  resources  of  Canada,  and  the  conditions 
and  forces  requisite  to  the  successful  invasion  from  the 

173 


I  74     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

Michigan  frontier.  In  discussing  the  forces  to  be  met 
he  says,  "And  lastly  may  be  reckoned  all  the  Indians 
in  Upper  Canada  and  a  large  proportion  of  the  power- 
ful nations  residing  in  the  territory  of  the  United  States, 
who  now  hold  a  constant  and  friendly  intercourse  with 
the  British  agents,  and  are  liberally  fed  and  clothed  by 
the  bounty  of  the  British  government."* 

Again  he  says  "In  the  event  of  war,  and  the  object 
being  the  reduction  of  the  provinces  of  Upper  and 
Lower  Canada,  I  think  it  must  be  evident  that  the 
establishment  of  an  army  at  Detroit  sufficient  to  defend 
that  part  of  the  country,  control  the  Indians  and  com- 
mence operations  on  the  weakest  points  of  defense  of 
the  enemy  would  be  an  incipient  measure  indispensably 
necessary. "t 

After  saying  that  the  maintenance  of  an  adequate 
army  at  Detroit  would  prevent  a  war  with  the  savages 
and  probably  induce  the  enemy  to  abandon  Upper 
Canada,  he  adds:  "The  (British)  naval  force  on  the 
lakes  would  in  that  event  fall  into  our  possession  and 
we  should  obtain  command  of  the  waters."§ 

Be  It  remembered  that  this  was  In  March,  and  war 
was  declared  June  i8th,  three  months  and  a  half  later. 

In  another  part,  discussing  the  consequences  of  leav- 
ing Michigan  to  its  fate,  he  says:  "They  will  be  In  the 
quiet  possession  of  their  country  and  a  part  of  ours,  and 
how  are  they  to  be  approached?  You  cannot  approach 
them  by  water  because  they  command  the  lakes.     In 


♦Defense  of  Gen.  Hull  p.  27. 

tDefense  of  Gen.  Hull  p.  30. 
IDefense  of  Gen.  Hull  31. 


MICHIGAN  AS  A  TERRITORY  1 75 

approaching  by  land  you  must  pass  through  a  wilder- 
ness, filled  with  savages  under  British  control  and 
devoted  to  British  interests."* 

"/  have  alivays  been  of  the  opinion  that  we  ought  to 
have  built  as  many  armed  vessels  on  the  lakes  as  would 
have  commanded  them/'i  "A  naval  force  superior  to 
the  British  on  the  lakes  had  been  strongly  urged  by 
General  Hull."§ 

This  is  sufficient  to  make  clear  that  the  whole  military 
and  naval  situation  with  reference  to  the  control  of 
Michigan  and  the  invasion  of  Upper  Canada  had  been 
fully  discussed  months  before  the  declaration  of  war. 

On  April  8,  18 12,  Hull  was  commissioned  brigadier 
general  and  assigned  to  the  command  of  the  Northwest- 
ern Army,  which  was  to  operate  on  the  Michigan  front- 
ier. 

At  first  he  had  declined  the  commission,  because  he 
regarded  the  successful  invasion  of  Canada  impractic- 
able so  long  as  the  British  remained  In  command  of 
Detroit  river  and  the  lakes,  by  their  armed  vessels;  but 
he  was  persuaded  to  accept;  and  set  out  to  take  com- 
mand.H 

Governor  Meigs  of  Ohio,  had  assembled  at  Dayton 
three  small  regiments  of  volunteers  under  Colonels 
James  Findlay,  Lewis  Cass  and  Duncan  McArthur, 
aggregating  between  1,500  and  1,600  men,  all  told. 
At  Urbana,  Ohio,  was  the  Fourth  Regulars,  now  under 


♦Defense  of  Gen.  Hull  29. 
tDefense  of  Gen.  Hull  28. 
SDeposition  of  Capt.  Chas.  Steward. 
"Lossing  252. 
11-12 


176     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

command  of  Lieut.  Colonel  James  Miller,  who  had 
succeeded  Colonel  Boyd  after  the  Tippecanoe  campaign 
of  November,  18 11.  The  4th  numbered  between  400 
and  500  men,  making  a  total  of  about  2,000,  including 
the  troop  of  Capt.  Sloan's  Cincinnati  Light  Dragoons, 
numbering  less  than  50.  Hull  assumed  command  of 
the  three  Oho  regiments  the  last  week  of  May.  Hil- 
dreth  estimates  the  volunteers  at  only  1,200  men  and  the 
regulars  at  300,  a  total  of  only  1,500.* 

After  some  days  spent  in  drilling  the  three  regi- 
ments at  Dayton,  and  holding  a  review  in  presence  of 
Gov.  Meigs,  Hull  marched  to  Urbana,  where  he  was 
joined  by  Col.  Miller  with  the  4th  Regulars,  and  set  out 
on  his  march  to  Detroit. 

Urbana  was  a  small  frontier  village,  and  from  there 
to  the  falls  of  the  Maumee  stretched  an  unbroken  wil- 
derness, pathless,  bridgeless,  uninhabited.  A  large  part 
of  the  distance  was  through  the  famous  "black  swamp" 
which  lay  between  the  Sandusky  and  the  Maumee  riv- 
ers. Corduroys  had  to  be  constructed  and  blockhouses 
to  be  built.  Near  the  present  site  of  Kenton  (Hardin 
County)  Ohio,  Fort  McArthur  was  built,  and  after 
a  day's  rest.  Colonel  Findlay  with  his  regiment  was 
detailed  as  pioneers  and  road-builders  in  place  of 
McArthur's  command.  Three  days  later  the  "army" 
marched  for  the  Rapids  of  the  Maumee.  But  the  rains 
descended  and  the  floods  came.  The  forest  trail  became 
impassable,  and  of  necessity  the  army  halted  only  16 
miles  from  Fort  McArthur  and  built  Fort  Necessity. 


♦VI  Hildreth  337. 


MICHIGAN  AS  A  TERRITORY  1 77 

Here  the  most  discouraging  reports  were  heard  from 
Detroit.  The  Indian  tribes  had  held  a  Council  at 
Brownstown,  and  the  Wyandots  were  openly  hostile. 
Tecumseh  with  several  hundreds  of  followers  had  joined 
Colonel  St.  George,  the  British  commander  at  Maiden, 
and  Detroit  was  well-nigh  in  a  state  of  panic.  It  would 
be  difficult  to  depict,  and  quite  impossible  to  exaggerate, 
the  difficulties  and  trials  of  this  march.* 

But  in  spite  of  all,  Hull  pushed  on,  and  by  the  last 
day  of  June  had  arrived  at  the  Rapids  of  the  Mau- 
mee.  At  Fort  Findlayf  (site  of  the  present  city  of  that 
name)  Hull  had  received  by  special  messenger  a  dis- 
patch from  the  secretary  of  war,  Eustis,  dated  on  the 
1 8th  of  June,  the  very  day  of  the  declaration  of  war, 
yet  making  no  allusion  to  that  fact,  or  to  its  probability 
in  the  immediate  future.  This  dispatch  had  come 
through  in  six  days,  and  directed  Hull  to  push  forward 
to  Detroit,  and  there  await  further  orders. § 

Colonel  Cass  was  now  detailed  with  his  regiment 
as  pioneers,  with  orders  to  open  the  road  to  the  Rapids 
as  quickly  as  possible,  with  the  result  that  on  June 
30th  the  army  reached  that  point.  They  camped 
opposite  Wayne's  battle  grounds  of  August  20, 
1794,  until  the  whole  force,  less  those  left  in  the  forts 
and  blockhouses,  had  been  crossed  over,  when  they  moved 
down  the  north  bank  and  camped  close  by  the  site  of  old 
Fort  Miami,  which  had  been  abandoned  in  1796.   Here 


♦See  LossJng's  Field  Book,  256  et  scq. 

tjune  24. 

§Lossing  257.    Hildreth  237-    Hull's  Defense  40. 


I  78      MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

at  the  point  later  known  as  Maumee  City,  was  the  head 
of  navigation  of  the  Maumee.  By  this  time  the  army 
was  nearly  exhausted  with  its  labors,  and  the  beasts  of 
burden  quite  unfit  for  the  long  and  arduous  road  that 
still  lay  before  them.  Six  days  had  elapsed  since  the 
receipt  of  the  dispatch  of  June  1 8,  and  yet  no  news  of  a 
declaration  of  war  had  come.  Hull  found  at  Maumee  a 
small  schooner — the  Cuyahoga — which  he  chartered. 
On  this  he  embarked  his  own  and  most  of  his  officers' 
baggage,  his  entrenching  tools  and  some  of  the  heavier 
camp  equipage  and  hospital  stores.  On  another  and 
smaller  schooner  he  embarked  the  soldiers,  too-  ill  to 
march,  in  charge  of  a  surgeon's  mate.  On  July  i,  these 
vessels  sailed  out  from  Maumee  bay  and  stood  away 
for  Detroit  river.     Still  no  notice  of  war! 

On  the  same  day  the  army  set  out  for  Detroit,  by  the 
most  direct  route  to  Frenchtown  (now  Monroe),  at  the 
mouth  of  the  River  Raisin. 

On  the  morning  of  the  2nd*  a  special  messenger  over- 
took General  Hull  with  a  dispatch  from  the  secretary 
of  war  announcing  the  declaration  of  war,  and  saying 
"You  will  be  on  your  guard,  proceed  to  your  post  with 
all  possible  expedition,  make  such  arrangements  for  the 
defense  of  the  country  as  in  your  judgment  may  be 
necessary,  and  wait  for  further  orders." 

This  dispatch  had  been  written  on  June   i8th,  the 


*This  is  according  to  the  account  given  by  Hon.  Elisha  Whit- 
tlesy.  See  note,  VI  Hildreth  258.  According  to  Hildreth's  text, 
same  page,  the  messenger  did  not  reach  him  until  the  evening  of  the 
2nd. 


MICHIGAN  AS  A  TERRITORY  I  79 

same  day  as  the  one  received  at  Fort  FIndlay,  on  June 
24th. 

Instead  of  being  sent  by  special  messenger,  it  had  been 
forwarded  by  the  leisurely  process  of  the  post,  at  the 
terrific  speed  of  30  miles  a  day,  as  far  as  Cleveland,  the 
end  of  the  mail  route,  and  thence  by  a  messenger,  one 
Charles  Shaler,  a  young  lawyer,  who  left  Cleveland 
at  noon  of  June  28th  on  horse  back,*  and  swimming 
his  horse  across  every  river  between  Cleveland  and 
Toledo,  and  wallowing  through  the  mire  of  the  "great 
black  swamp"  arrived  at  the  Rapids  on  the  night  of 
July  ist,  only  to  find  that  the  army  had  left  that  morn- 
ing for  Detroit. 

Meanwhile,  Colonel  St.  George,  commanding  at 
Maiden,  had  two  days  before  received  notice  of  the 
declaration  of  war  from  Mr.  Foster,  the  British  minister 
at  Washington,  in  an  envelope  franked  by  Albert  Gal- 
latin, secretary  of  the  treasury.  And  a  like  notice, 
franked  in  a  like  manner,  had  gone  forward  by  runners 
to  Captain  Rogers  commanding  the  post  on  St.  Joseph 
Island,  at  the  head  of  Lake  Huron,  above  Fort  Mack- 
inac. With  this  information,  Hull  instantly  perceived 
the  danger  to  the  Cuyahoga,  which  carried  in  addition 
to  the  baggage  and  entrenching  tools,  three  officers' 
wives  and  a  chest  containing  all  General  Hull's  military 
papers,  including  the  army  rolls  and  General  Hull's 
official  correspondence.  He  attempted  to  communicate 
with  her  and  turn  her  back,  but  without  avail.     She  was 


*This  Charles  Shaler  was  twenty  years  later  tendered  the  ap- 
pointment of  Secretary  of  Michigan  Territory,  to  supercede  Stev- 
ens T.  Mason,  but  declined. 


l8o  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

brought  to  by  a  cannon  shot  from  Fort  Maiden  and 
boarded  by  the  British  armed  cruiser  Hunter,  and  taken 
to  Maiden  with  all  her  cargo  as  prize,  and  her  passen- 
gers as  prisoners.  The  smaller  vessel  with  the  invalids, 
being  of  lighter  draft,  took  the  shallower  American 
channel  to  the  west  of  Bois  Blanc  Island  and  escaped 
up  river  to  Detroit.  Sir  George  Prevost,  governor 
general  of  Canada,  had  notice  of  the  declaration  as  early 
as  June  24th,  and  General  Sir  Isaac  Brock,  commanding 
in  Upper  Canada,  had  received  the  same  information 
by  express  on  June  27th,  while  the  American  com- 
mander, leading  his  little  army  around  the  head  of  Lake 
Erie,  did  not  get  the  same  information  until  July  2nd. 
The  trunk  containing  Hull's  papers  had  been  put  aboard 
the  Cuyahoga  by  a  mistake  on  the  part  of  a  young  statf 
officer,  but  none  the  less  it  put  the  British  commander  in 
full  possession  of  invaluable  information,  of  the  forces 
under  General  Hull,  their  condition,  and  the  instructions 
of  the  secretary  of  war.  At  Frenchtown  Hull  learned 
of  the  capture  of  the  Cuyahoga,  and  on  the  3rd  of  July, 
pushed  on  toward  Detroit  about  40  miles  up  the  Detroit 
river.  On  July  4th,  he  crossed  the  River  Huron  on  a 
floating  bridge  constructed  the  day  before;  on  the  5th 
crossed  the  River  Rouge  and  camped  at  Spring- Wells,* 
now  partly  within  the  city  limits  of  Detroit.  This  was 
Sunday.     On  Monday,    July  6th,    the    4th    Regulars 


♦William  Stanley  Hatch,  "Chapter  of  the  History  of  the  War  of 
1812,"  page  26,  et  seq.  Hatch  was  a  Lieutenant  in  the  Cincinnati 
Light  Infantry,  and  detailed  as  acting  Assistant  Quartermaster  Gen- 
eral on  Gen.  Hull's  staff.  His  monograph  was  not  printed  until 
1872,  and  is  not  always  accurate. 


MICHIGAN  AS  A  TERRITORY  10  I 

marched  to  Fort  Detroit  (formerly  Ft.  Shelby)  which 
had  been  strengthened  and  improved  during  Governor 
Hill's  absence  by  secretary  and  acting  governor,  Reuben 
Atwater.* 

On  July  7th  the  volunteers  marched  from  Spring- 
Wells  and  camped  near  Fort  Detroit. t 

At  this  time  the  population  of  the  entire  territory  did 
not  exceed  5,000  of  whom  about  800  were  inhabitants 
of  Detroit,  and  double  that  number  scattered  between 
River  Raisin  and  Lake  St.  Clair.  At  the  fort  there  was  a 
garrison  of  94  regulars;  and  acting  governor  Atwater 
had  enrolled  militia  to  the  number  of  about  200,  so 
that  making  deductions  for  garrisons  for  the  forts  and 
block  houses,  Hull  could  muster  a  force  of  all  arms 
amounting  to  near  1,800  men.  General  Hull's  latest 
orders  required  him  to  "aivait  further  orders"  at  De- 
troit. He  had  never  received  either  orders  or  authority 
to  cross  the  river,  and  thou~'i  strongly  urged  by  his 
young  regimental  commanders  to  cross  at  once,  without 
orders,  he  adhered,  as  a  veteran  soldier  should,  to  the 
orders  received. 

Thus  far  he  had  shown  much  energy  and  persistence 
in  forcing  his  way  through  two  hundred  miles  of  track- 
less wilderness  swamps.  The  mishap  of  the  loss  of  the 
Cuyahoga,  it  would  seem,  should  be  charged  to  the  un- 
accountable negligence  of  the  War  Department  in  not 


*At  Detroit  Secretary  Atwater  had  organized  the  Michigan  Le- 
gion of  which  Judge  Witherell  was  made  major.  A  "Committee  of 
Safety"  was  organized,  and  money  raised  by  subscriptions  with 
which  to  buy  ammunition. 

tWm.  Stanley  Hatch. 


1 82  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

notifying  him  of  the  declaration  of  war  until  some  days 
after  the  enemy  had  knowledge  of  that  event.  It  may 
be  safely  assumed  that  had  such  notification  been  re- 
ceived the  loss  of  the  Cuyahoga  and  the  papers  would 
not  have  occurred. 


CHAPTER  XIII 
General  Hull's  Canadian  Campaign 


THERE  Vv-as  much  murmuring  and  discon- 
tent among  both  officers  and  men  be- 
cause Hull  did  not,  without  orders,  at 
once  invade  Canada.  This  discontent 
amounted  almost  to  mutiny,  but  fortunately 
on  the  9th  of  July  orders  came  from  the  War  Depart- 
ment, to  "commence  operations  immediately,"  and 
should  the  force  under  his  command  be  equal  to  the  en- 
terprise "he  should  take  possession  of  Fort  Maiden,  and 
extend  his  conquests  as  circumstances  might  justify."* 

On  the  same  day  Hull  had  addressed  a  letter  to  the 
secretary  of  war  in  which  he  had  said  "The  British 
command  the  waters  and  the  savages.  I  do  not  think  the 
force  here  equal  to  the  reduction  of  Amherstburgh."  + 

On  the  next  day  (loth)  Hull  again  addressed  the 
secretary  of  war  saying:  "The  communications  must  be 
secured,  or  this  army  will  be  without  provisions.  Troops 
will  be  absolutely  necessary  on  the  road  to  protect  the 
provisions.  This  must  not  be  neglected.  If  it  is,  this 
army  will  perish  by  hunger."§ 

It  was  not  a  simple  problem  presented  to  General 
Hull.  On  the  north  and  west  was  the  interminable 
wilderness,  inhabited  only  by  the  unfriendly  Indians;  to 
the  southward  stretched  200  miles  of  forests,  swamps 
and  streams  through  which  he  had  just  come,  with  one 
road  just  constructed  by  his  troops;  to  the  eastward  the 
Detroit  river  and  Lake  Erie,  under  the  control  of  the 


♦Hull's  Defense  p.  41. 
tHulls  Defense  p.  42. 
JHull's  Defense,  43. 

185 


I  86  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

armed  vessels  of  the  enemy,  and  the  province  of  Upper 
Canada  with  a  population  about  ten  times  that  of  the 
Territory  of  Michigan;  at  Maiden,  was  Colonel  St. 
George  with  about  a  hundred  regulars,  and  an  unknown 
force  of  Indians  and  Canadian  militia,  probably  not  at 
the  moment  above  four  or  five  hundred,  but  then  esti- 
mated much  higher.  Hull's  sole  line  of  supply  or  rein- 
forcement lay  close  to  the  head  of  Lake  Erie  and  Detroit 
river,  directly  in  front  of  and  almost  under  the  guns  of 
Fort  Maiden  and  the  war-ships  Queen  Charlotte  and 
Hunter,  while  Tecumseh  and  his  warriors  were  camped 
on  the  Islands  in  the  strait,  ready  to  cross  to  the  Michi- 
gan side,  to  ambuscade  any  supply  convoy  going  to  the 
relief  of  Detroit  or  any  escort  which  might  be  sent  to 
bring  up  such  convoy.  Under  these  circumstances  only 
the  possession  of  an  overwhelming  force  and  the  ability 
to  deliver  an  immediate  and  crushing  blow,  would  have 
justified  a  commander  in  crossing  into  a  hostile  country, 
with  the  possibility  of  being  cut  off  from  his  base. 

Colonel  Hatch  in  his  "Chapter  of  the  History,"  etc., 
says  that  the  army  marched  at  2  A.  M.,  July  9,  and 
crossed  the  river  at  Hog  Island  (Belle  Isle)  that  morn- 
ing; and  gives  quite  an  animated  picture  of  the  cross- 
ing; but  this  is  doubtless  an  error.  The  crossing  was 
not  made  until  the  morning  of  the  12th,  at  daylight. 
The  nth  was  occupied  in  collecting  boats  and  canoes 
with  which  to  cross.  The  Queen  Charlotte,  sixteen  guns 
and  the  Hunter,  an  armed  vessel  of  eight  guns  lay  down 
the  river,  and  were  expected  to  come  up  and  attempt 
to  prevent  the  crossing.     The  British  had  also  erected 


MICHIGAN   AS  A  TERRITORY  I  87 

a  battery  at  Sandwich  a  mile  below  the  village  and  fort 
of  Detroit,  which  was  designed  to  oppose  the  landing. 

Hull  resorted  to  a  strategem.  He  ordered  all  the 
boats  to  be  brought,  toward  evening  of  the  nth,  down 
along  the  Michigan  shore  within  sight  of  Sandwich  to 
Spring  Wells,  and  also  dispatched  Colonel  McArthur 
with  his  regiment  to  the  same  point,  and  caused  word 
to  reach  the  British  commander  that  the  object  was  to 
attack  Fort  Maiden. 

The  strategem  succeeded,  and  during  the  night  the 
boats  were  again  taken  up  the  river  to  a  point  nearly 
opposite  the  lower  end  of  Belle  Isle,  and  at  daylight  of 
the  1 2th  the  crossing  was  made  without  opposition  or 
loss,  the  landing  being  made  a  mile  above  the  site  of 
Windsor;  and  the  column  having  been  formed,  they 
advanced  to  Sandwich,  which  was  found  evacuated  by 
the  British,  who  had  retired  to  Amherstburgh. 

Hull  at  once  took  possession  of  Sandwich  and  the 
uncompleted  works  of  the  British,  and,  amid  great 
rejoicing,  raised  the  American  flag  over  the  soil  of 
Canada.  Immediately  he  published  and  sent  out  in  all 
directions  a  proclamation  to  the  inhabitants  of  Canada.* 
This  proclamation  is  generally  conceded  to  have  been 
the  production  of  Colonel  Lewis  Cass.  In  fact  we  think 
it  has  not  been  questioned.  Its  main  object  was  to 
detach  the  peaceable  citizens  of  the  western  part  of 
Upper  Canada  from  the  British  and  attach  them  to  the 
American  cause.     It  was  somewhat  grandiloquent  and 


*The  proclamation  may  be  found  in  full  in  the  Life  and  Corres- 
pondence of  Sir  Isaac  Brock,  London,  1845,  page  186. 


I  88   MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

florid  In  style,  and  it  was  rather  fortunate  for  Hull, 
afterward,  that  he  was  not  its  real  author. 

The  proclamation  was  well  calculated  to  accomplish 
the  object  in  view,  namely,  to  quiet  the  fears  of  the 
Canadians,  and  to  prevent  further  accessions  from  the 
Indian  tribes.  It  declared  "to  the  peaceable  and  unof- 
fending inhabitant  it  (the  army)  brings  neither  danger 
or  difficulty.  I  come  to  find  enemies  not  to  make  them. 
I  come  to  protect  not  to  injure  you."  The  proclamation 
was  at  first  not  without  considerable  effect  in  producing 
desertions  from  the  British  forces. 

Fort  Maiden,  just  above  the  village  of  Amhertsburgh 
was  about  i8  miles  below  Sandwich,  and  nearly  oppo- 
site the  upper  end  of  Bois  Blanc  Island,  and  com- 
manded at  close  range  the  only  safe  ship  channel.  About 
four  miles  above  the  fort  was  the  river  Aux  Canards,  a 
deep,  sluggish  and  unfordable  stream,  crossed  by  a 
bridge  within  sight  of  Detroit  river  and  the  war  ship 
Queen  Charlotte,  lying  off  the  mouth  of  the  river,  com- 
manding the  bridge  and  the  road  between  it  and  the 
fort.  The  fort  itself  was  not  a  formidable  work,  but 
was  constructed  of  earth  embankments  surrounded  by  a 
dry  ditch  and  timber  stockades.  It  had  been  built 
before  the  British  evacuated  Detroit,  and  was  of  evil 
repute,  as  the  breeding  place  of  Indian  raids,  forays 
and  massacres,  concocted  by  that  forever  infamous  trio, 
McKee,  Elliott  and  Simon  Girty.  Many  a  bloody  har- 
vest of  scalps  had  been  reaped  as  the  fruit  of  seed 
sown  at  Fort  Maiden,  near  the  mouth  of  the  majestic 
Detroit. 


MICHIGAN  AS  A  TERRITORY  I  89 

The  fort  had  recently  been  much  strengthened  and 
put  in  a  state  of  defense,  in  view  of  the  probability  of 
war.  The  garrison,  according  to  Lieutenant  Forbish, 
a  British  officer,  near  the  end  of  July  consisted  of  about 
one  hundred  and  seventy  regulars  and  five  hundred  and 
fifty  militia.* 

The  Indian  force  supporting  these  was  estimated  all 
the  way  from  400  to  1,000,  and  probably  varied  at 
different  periods  between  the  two.  Taking  the  mean 
number  would  give  St.  George  a  total  of  1,420. 

General  Hull  had  with  him  of  artillery  only  a  light 
field  battery.  This  he  placed  in  position  to  command 
the  river.  On  the  13th  he  sent  a  reconnoitering  party 
toward  Fort  Maiden.  They  proceeded  as  far  as  Turkey 
Creek,  nine  miles,  and  returned  reporting  that  Tecum- 
seh  with  two  hundred  warriors,  was  lying  in  ambush 
In  the  woods  between  Turkey  creek  and  the  Canards 
river,  and  that  the  woods  were  full  of  savages.  Then 
Hull  ordered  the  camp  fortified. 

Still  there  was  great  impatience  on  the  part  of  the 
colonels  and  subordinate  officers  to  march  on  Maiden. 
On  the  14th  a  council  of  war  was  called,  at  which  it  was 
decided  that  no  attempt  ought  to  be  made  to  take 
Maiden  without  heavy  artillery. -j-  The  heavy  artillery 
was  in  the  fort  at  Detroit,  but  without  carriages  suit- 
able for  field  service.  Hull  at  once  ordered  the  neces- 
sary carriages,  and  he  claims  to  have  urged  their  con- 
struction with  all  practicable  speed,  and  this  appears  to 


♦Hull's  Defense  p.  57-8. 
tHuH's  Defense  p.  59. 


190     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

have  been  true,  but  nevertheless  they  were  not  ready 
before  August  7th.* 

This  seems  incredible,  but  Col.  Miller  testified  at  the 
court  martial  that  he  saw  no  want  of  exertion  in  pre- 
paring the  artillery.  But  during  this  delay  other  things 
were  transpiring.  About  the  middle  of  July  Colonel 
McArthur  was  dispatched  to  the  northeast  toward  the 
River  Thames  (or  Tranch)  in  pursuit  of  a  party  of 
Indians,  which  he  readily  scattered,  and  then  pushed 
on  up  the  Thames,  as  far  as  the  Moravian  villages,  in 
search  of  provisions  for  the  army,  from  which  he 
returned  successful  on  the  17th,  with  a  large  quantity  of 
supplies. 

Meanwhile,  on  the  i6th,  Hull  had  dispatched  Col- 
onel Cassf  with  280  men,  accompanied  by  Col.  Miller 
of  the  4th  Regulars  to  reconnoitre  as  far  as  the  Canards 
river,  (or  Tarontee  as  the  Wyandots§  called  it).  They 
found  the  bridge  held  by  a  company  of  Canadian 
militia  and  a  body  of  Indians  under  Tecumseh. 
The  banks  of  the  Canards  were  low,  level  and 
swampy.     Finding   it   would   be   too   costly   to    carry 


♦Hull's  Defense  p.  60. 

tCol.  Lewis  Cass  was  born  at  Exeter,  N.  H.,  1783,  received  an 
academic  education  in  his  native  town,  removed  to  Ohio  in  1800, 
settling  at  Marietta.  Entered  politics  very  early  in  life,  being  elected 
to  the  legislature  at  the  age  of  23.  Prepared  the  official  communica- 
tion to  the  President  on  Burr's  expedition.  At  the  age  of  25  was 
made  U.  S.  Marshal  for  the  District  of  Ohio,  which  office  he  con- 
tinued to  hold  when  elected  Colonel  of  the  3rd  Ohio  Volunteer  regi- 
ment in  1812.  He  had  no  military  training  or  experience  in  the  field 
but  was  active,  ambitious,  enterprising,  and,  some  have  thought,  in- 
clined in  his  youth  to  overestimate  himself.  We  shall  see  a  great 
deal  more  of  him  before  the  end  of  this  story. 

SWyandot,  like  many  Indian  names,  has  numerous  spellings — 
Ouendat,  Wyandot,  Wyandotte — Wiandot  and  Wiandotte.  The  sim- 
plest and  best  is  Wyandot. 


MICHIGAN  AS  A  TERRITORY  I9I 

the  bridge  by  a  front  attack,  Cass  left  a  company  of 
riflemen  to  hold  the  attention  of  the  enemy,  while  he 
made  a  detour  up  stream  to  a  ford,  and  then,  marching 
down  on  the  south  side,  attacked  and  routed  the  picket 
at  the  bridge,  and  pursued  them  toward  the  fort.  It 
was  reported  that  some  of  the  enemy  were  killed  or 
wounded,  and  if  so,  this  was  the  first  blood  shed  in  the 
War  of  18 12,  Cass  suffered  no  loss,  but  he  was  hailed 
by  the  administration  press  as  "the  Hero  of  Tarontee." 

Cass  and  Miller  now  sent  word  to  Hull  that  they 
had  taken  the  bridge,  and  urged  that  they  be  author- 
ized to  continue  to  hold  it  so  as  to  keep  the  road  open 
to  Maiden,  But  Hull  refused.  His  artillery  was  not 
ready,  and  it  had  already  been  decided  not  to  attack 
without  the  artillery. 

The  control  of  the  water  by  the  Queen  Charlotte  and 
the  Hunter  seems  tO'  have  been  the  deciding  factor  with 
Hull.  They,  with  a  gun  boat  or  floating  battery  near 
by,  commanded  the  bridge,  and  Cass  was  ordered 
back  to  camp.  On  the  same  day,  the  17th,  Fort  Mack- 
inac fell  an  easy  spoil  into  the  hands  of  the  British  and 
Indians.  The  first  notice  that  Lieutenant  Porter  Hanks, 
commanding  the  fort,  had  of  the  declaration  of  war, 
was  the  demand  for  his  immediate  surrender. 

But  that  news  had  reached  far  away.  St.  Joseph's 
Island,  and  Captain  Roberts,  commanding,  had  gath- 
ered to  his  company  of  British  regulars  two'  hundred  and 
sixty  Canadian  militia  and  about  700  Indians,  princi- 
pally Ottawas,  Chippewas  and  Sioux,  and  on  the  17th 
Lieutenant  Hanks  and  his  little  garrison  of  60  men 

11-18 


192  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

surrendered  without  firing  a  shot.  Fear  of  Indian  mas- 
sacre like  that  which  actually  occurred  at  River  Raisin 
six  months  later,  no  doubt  largely  influenced  the  sur- 
render.* 

Before  the  news  of  the  surrender  of  Mackinac  had 
been  received,  during  a  temporary  absence  of  General 
Hull  at  Detroit,  the  command  of  the  troops  on  the 
Canadian  side  devolved  on  Colonel  McArthur;  and  he 
determined  to  make  an  attempt  on  Fort  Maiden,  and 
sent  Major  Denny  with  117  men,  to  drive  back  the 
Indians  between  Turkey  creek  and  Aux  Canards.  Major 
Denny  was  himself  surprised  and  driven  back  in  confu- 
sion, pursued  by  the  Indians  beyond  the  bridge  across 
Turkey  creek.  Denny  lost  six  men  killed  and  some 
wounded. 

About  the  first  of  August  came  the  news  of  the  sur- 
render of  Mackinac,t  and  at  the  same  time  came 
rumors  of  reinforcements  advancing  from  the  east, 
down  the  valley  of  the  Thames,  to  largely  increase  the 
forces  at  Maiden. 

It  is  now  manifest  that  the  golden  and  only  oppor- 
tunity for  successfully  attacking  Maiden  had  gone  by. 
The  first  favorable  impression  made  at  the  time  of  the 
crossing  had  expended  itself,  and  the  British  force  was 
growing  daily.     Desertions  had  ceased. 


♦That  this  fear  was  not  wholly  groundless  appears  from  a  letter 
of  John  Askin,  Jr.,  of  Detroit,  who  was  an  agent  of  the  British,  who 
wrote  to  Col.  Claas.  "It  was  a  fortunate  circumstance  that  the  fort 
surrendered  without  firing  a  single  shot,  for  had  they  done  so,  I 
firmly  believe  that  not  a  soul  of  them  would  have  been  saved."  As- 
kin  was  very  familiar  with  the  Indians. 

tMich.   Hist.   Coll.  25,  327. 


MICHIGAN  AS  A  TERRITORY  1 93 

The  whole  Indian  horde  of  the  north  had  been 
released  by  the  surrender  of  Mackinac. 

The  diversion  which  was  to  have  been  made  by  Gen- 
eral Dearborn  on  the  Niagara  frontier  had  failed  to 
materialize.  Now  came  information  of  the  arrival  of 
Colonel  Henry  Proctor  at  Maiden,  July  26th,  with 
reinforcements  of  100  regulars. 

Tecumseh  and  his  warriors  had  crossed  the  Detroit 
and  cut  Hull's  communications  with  his  base,  and  inter- 
cepted a  convoy  of  provisions  coming  under  escort  of 
Captain  Brush  and  200  of  the  Ohio  militia,  at  River 
Raisin. 

On  the  receipt  of  this  information,  Hull  sent  Major 
Van  Home  of  Colonel  Findlay's  regiment,  with  200 
men,  to  open  communication  with  Capt.  Brush  at 
Frenchtown.  Van  Home  crossed  the  Detroit  on  August 
4th,  and  marched  that  night  as  far  as  the  Ecorces  river, 
where  he  bivouacked  and  took  up  his  march  on  the  5th. 
At  the  Ecorces  Major  Van  Home  had  received  a  heavy 
mail  from  the  army,  including  General  Hull's  official 
mail,  and  letters  of  officers  and  soldiers,  to  be  escorted 
to  Frenchtown.  As  they  approached  the  village  of 
Brownstown,  about  five  miles  below  the  present  city  of 
Trenton,  the  advance  was  fired  upon  by  a  party  of 
Indians,  and  Captain  McCulloch  killed.  Van  Home 
was  warned  that  a  large  party  of  Indians  was  lying  in 
wait  for  him,  and  he  proceeded  cautiously  with  advance 
guard  and  flankers,  until  just  as  he  was  entering  the  lit- 
tle village  of  Brownstown,  a  deadly  fire  at  close  range 
was  opened  upon  them  on  both  flanks  by  a  large  body 


194  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

of  Indians  under  the  command  of  the  implacable  Tecum- 
seh,  who  was  still  seeking  revenge  for  Tippecanoe.* 
Fearing  that  he  was  about  to  be  surrounded,  Major 
Van  Home  gave  the  order  to  fall  back.  The  retreat 
became  a  rout,  and  in  the  greatest  disorder  the  detach- 
ment fell  back  behind  the  Ecorces,  whence  it  had 
marched  that  morning.  The  detachment  lost  17  killed 
including  four  captains,  beside  many  wounded,  and, 
what  in  the  end  proved  quite  as  important,  lost  the  mail 
which  came  into  the  hands  of  General  Brock  a  few  days 
later,  and  disclosed  to  him  all  the  weakness  of  Hull's 
situation  and  the  disaffection  of  his  army, — a  knowledge 
which  the  prompt  and  energetic  Brock  was  not  slow  to 
make  use  of  a  few  days  later. 

On  August  7th  a  council  of  field  officers  was  called. 
General  Hull  decided  to  march  at  once  and  attack  Fort 
Maiden.  General  Brock  was  approaching  with  rein- 
forcements from  the  east,  and  it  was  the  last  chance. 
Orders  were  issued  apparently  for  an  advance.  Every- 
thing was  to  be  in  readiness  to  march  at  once  with  ammu- 
nition and  three  days'  rations;  boats  were  ordered  col- 
lected, the  sick  to  be  prepared  for  removal.  The  army 
released  from  the  long  restraint  was  exuberant.  But 
suddenly,  like  a  bolt  from  a  clear  sky,  came  the  order 
to  recross  the  river.  Sullenly  the  army  obeyed  the 
order  of  its  discredited  general,  and  during  the  night  of 
the  7th  and  morning  of  the  8th  returned  to  the  Michi- 


*Drake  in  his  Life  of  Tecumseh  (Cincinnati  1855)  says  that  the 
force  which  attacked  Van  Home  consisted  of  40  British  regulars, 
and  70  Indians  under  the  command  of  Tecumseh  in  person.  Drake 
164. 


MAGUAGA  BATTLE  GROUND 


MONROE,  FROM  THE  BA  r  ILI ,  GROUND  OF 
RAISIN  RIVI'R 


MICHIGAN  AS  A  TERRITORY  I95 

gan  shore  and  camped  around  Fort  Detroit.  Major 
Denny  and  about  125  sick,  and  convalescents  were  left 
on  the  Canada  side. 

On  the  morning  of  the  8th  General  Hull  detailed 
a  detachment  of  about  600  men,  Including  the  4th 
Regulars,  under  Colonel  James  Miller,  an  officer  of 
unquestioned  ability  and  bravery,*  to  proceed  down  the 
river,  and  open  communication  with  Captain  Brush. 
The  detachment  included  beside  Miller's  regulars, 
details  from  the  other  regiments  and  the  "Michigan 
Legion,"  consisting  of  four  companies,  one  mountedf 
and  three  foot.  This  took  just  about  one-half  of  Hull's 
army  fit  for  duty,  probably  in  effective  force  the  bet- 
ter half.  Colonel  Miller  marched  to  the  Rouge  river 
that  night,  and  the  next  morning  advanced  with  the 
greatest  caution  and  circumspection. 

About  the  middle  of  the  afternoon — it  was  a  hot,  still 
Sunday — at  a  point  a  little  below  Maguaga,§  a  Wyan- 
dot Indian  village,  they  came  upon  the  British  and  their 
Indian  allies,  strongly  posted  in  the  woods,  behind  log 
breastworks. 

Captain  Snelling  with  his  advance  guard  received  a 


*Miller  was  at  this  time  only  lieutenant  colonel  of  the  4th,  Col- 
onel John  P.  Boyd  not  being  promoted  to  brigadier  general  until  Aug. 
26th.  Miller  distinguished  himself  at  the  Battle  of  Tippecanoe  Nov. 
181 1.  In  1814  he  was  promoted  to  colonel  of  the  21st  Regulars,  and 
greatly  distinguished  himself  at  the  Battle  of  Lundy's  Lane,  and  was 
breveted  brigadier  general.  At  this  time  (1812)  Miller  was  ranked 
by  all  the  volunteers  colonels,  though  by  far  the  best  soldier  of  them 
all. 

tThe  mounted  troop  was  commanded  by  Captain  DuQunidre  of 
Detroit. 

SModern  Monguagon.  Maguaga  appears  to  have  been  the  orig- 
inal Indian  name. 


196  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

hot  fire,  but  held  his  ground  firmly  until  Colonel  Miller 
came  up  with  the  main  body,  when  the  latter  instantly 
ordered  a  charge,  which  he  led  with  the  utmost  gal- 
lantry. The  British  and  Canadians  were  quickly  driven 
from  their  position  and  took  to  their  boats;  but  the 
Indians  under  Tecumseh,  Walk-in-thc-Water  and  Slit- 
hand  fought  obstinately,  showing  much  higher  courage 
than  their  pale-face  allies. 

Miller  pursued  about  two  miles,  but  night  coming  on 
he  recalled  his  forces.  Miller's  loss  was  18  killed  and 
57  wounded.  The  forces  engaged  were  about  equal  in 
number  on  the  two  sides.  The  bloody  affair  at  Maguaga 
closed  the  second  epoch  of  General  Hull's  campaign. 

He  had  brought  his  army  safely  back  across  the 
Detroit  in  spite  of  British  control  of  the  water,  but  he 
had  failed  to^  re-open  his  communication  with  Ohio,  his 
only  possible  source  of  supply  and  reinforcement. 


CHAPTER  XIV 

The  Capitulation  of  General  Hull  and 
Surrender  of  Detroit 


THERE  can  be  no  question  but  that  the 
affair  at  Maguaga*  (or  Maguago)  was 
an  American  success;  that  Colonel  Mil- 
ler and  his  officers  behaved  with  gal- 
lantry; that  the  troops,  both  regular  and 
volunteer,  under  the  inspiring  influence  of  a  brave  com- 
mander, exhibited  steadiness  under  trying  circum- 
stances; and  that  the  British  and  Canadians  were  driven 
to  their  boats. 

But  Tecumseh  and  his  warriors,  though  driven  back, 
were  still  concealed  in  the  woods,  along  the  line  of 
march  between  Maguaga  and  River  Raisin,  ready  to 
ambush  and  fall  upon  the  flanks  of  the  detachment  if  it 
advanced  before  morning. 

Early  in  the  action  Miller's  men  had  thrown  off  their 
knapsacks  in  which  they  carried  their  rations,  and  they 
were  without  food.  He  could  not  move  forward  with- 
out rations,  and  the  only  way  to  recover  the  knapsacks 
would  be  to  move  his  entire  force  back  to  the  point 
where  the  action  began,  taking  with  him  his  dead  and 
wounded,  numbering  nearly  eighty.  Under  these  cir- 
cumstances he  dispatched  a  special  message  to  General 
Hull  asking  a  new  supply  of  provisions.  General  Hull 
promptly  directed  Col.  McArthur  to  take  a  hundred 
men  and  one  day's  full  rations  for  Miller's  detachment, 
and  proceed  at  once  by  boat  to  deliver  the  rations  and 
bring  back  the  wounded,  f  McArthur  experienced  much 
difficulty  in  getting  the  rations,  and,  proceeding  in  nine 


♦Modern  Monguagon. 
tHull's  Defense  I44- 

199 


200     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

boats,  barely  escaped  capture  with  the  wounded  on  his 
return,  by  the  armed  vessels,  Queen  Charlotte  and 
Hunter.  As  it  was,  he  lost  his  boats  but  saved  the 
wounded  by  landing  them.  The  rations  delivered  were 
less  than  one  day's  supply,  and  as  Col.  Miller  now  knew 
that  Colonel  Proctor  was  at  liberty  to  cross  his  entire 
force  to  the  Michigan  side,  and  that  he  (Proctor)  had 
the  vessels  wherewith  to  do  it,  and  Miller  felt  confident 
in  case  he  advanced,  that  he  would  have  to  fight  his  way 
to  the  River  Raisin,  he  called  upon  General  Hull  for 
more  provisions.  Hull  now  ordered  two  thousand  full 
rations  to  Miller's  detachment,  which  met  him  as  he 
was  returning  to  Detroit*  on  the  night  of  the  loth 
or  morning  of  the  i  ith. 

General  Hull,  anxious  at  the  division  of  his  army 
through  the  absence  of  so  large  a  part  of  his  effective 
force  from  Detroit,  had  ordered  Miller's  return,  thus 
leaving  his  line  of  supply  still  in  the  hands  of  the  enemy, 
and  Capt.  Brush  and  his  provision  train  still  at  the 
River  Raisin. 

It  was  August  nth  when  Colonel  Miller  with  his 
detachment  reached  Detroit.  The  Colonel  had  been 
thrown  from  his  horse  at  Maguaga,  and  beside  was  suf- 
fering severely  from  malarial  fever.  This  doubtless 
had  much  to  do  with  his  failure  to  promptly  follow  up 
the  battle  of  Maguaga.  He  was  there  within  fourteen 
miles  of  River  Raisin  and  of  Captain  Brush,  with  his 
two  hundred  volunteers,  which  would  have  raised  his 
force  to  about  700  effectives,  unless  he  had  been  com- 


*Hull's  Defense  146. 


MICHIGAN  AS  A  TERRITORY  20I 

pelled  to  fight  a  second  battle.  But  Hull  hesitated  to 
divide  his  little  army  in  two,  knowing  that  Proctor 
might  intervene  with  his  entire  command,  now  increased 
to  probably  fifteen  hundred — regulars,  militia  and 
Indians. 

From  a  military  point  of  view  alone,  the  wisest 
thing  Hull  could  possibly  have  done  in  his  present  situa- 
tion was  to  have  put  his  entire  force  in  motion  at  the 
time  he  sent  Miller  down  the  river,  and  with  all  his 
troops,  arms,  guns,  munitions,  and  trains,  have  placed 
himself  behind  the  Maumee  river  at  the  Rapids  where 
Fort  Meigs  was  soon  after  built.  His  provisions  were 
nearly  exhausted,  his  artillery  ammunition  was  only  suf- 
ficient for  four  days'  service,  the  enemy  was  between 
him  and  his  base  with  a  superior  force,  more  than  one- 
half  of  them  savages;  and  he  had  about  two  hundred 
sick  and  wounded  on  his  hands.  It  must  have  been 
clearly  manifest  that  it  was  impossible  for  him  to  main- 
tain himself  at  Detroit  for  any  considerable  time  unless 
immediately  and  strongly  reinforced  and  re-supplied. 

But  with  General  Hull  it  was  not  a  simple  military 
problem.  He  was  civil  governor  of  Michigan  territory ; 
^he  had  for  seven  years  made  his  home  at  Detroit;  his 
daughter  and  his  grandchildren  were  there;  his  old 
friends  and  neighbors  were  there,  and  he  still  hoped 
that  something  might  occur  to  render  a  retreat  unneces- 
sary. 

But  something  very  different  happened.  On  August 
13th,  General  Sir  Isaac  Brock,  governor  of  Upper 
Canada,  arrived  at  Maiden,  bringing  with  him  ninety 


202      MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

regulars,  three  hundred  militia  and  a  small  contingent 
of  Indians  from  the  Mohawk  settlement  on  Grand  river, 
near  Brantford,  and  the  promise  of  more.  It  was  late 
at  night  when  he  arrived,  and  the  captured  mails  were  at 
once  laid  before  him.  These  disclosed  to  him  that  he 
had  nothing  to  fear  from  Hull.  Within  an  hour  he  was 
in  consultation  with  Tecumseh.  General  Brock  was  an 
officer  of  quick  insight,  rapid  judgment  and  firm  deci- 
sion. He  possessed  abundantly  the  qualities  so  neces- 
sary to  a  successful  soldier,  and  which  Hull  apparently 
abundantly  lacked. 

His  course  was  decided  upon  at  once.  He  did  not 
have  to  act  in  the  dark.  In  a  letter  dated  September 
3rd,  General  Brock  wrote,,  "I  got  possession  of  the  let- 
ters of  my  antagonist  addressed  to  the  secretary  of  war, 
and  also  the  sentiments  which  hundreds  of  his  army 
uttered  to  their  friends." 

Brock  showed  untiring  energy.  On  the  morning  of 
the  14th  he  held  a  conference  with  the  Indians,  now 
numbering  upward  of  a  thousand,  and  told  them  he  had 
come  to  restore  to  them  their  ancient  hunting  grounds 
north  of  the  Ohio — a  statement  hailed  with  Indian 
enthusiasm.  He  then  issued  a  proclamation  to  those 
inhabitants  of  Canada  who  had  quit  their  colors  and 
gone  home,  in  effect  tendering  them  amnesty. 

Then,  on  the  same  day  (14th)  he  put  his  forces  in 
motion  and  marched  to  Sandwich,  with  horse,  foot,  artil- 
lery and  Indian  allies.  Major  Denny  had  already 
abandoned  Sandwich  on  the  i  ith  and  retired  across  the 
river,  and  Brock  took  possession  of  the  abandoned  camp 


MICHIGAN  AS  A  TERRITORY  2O3 

and  planted  a  batter^'  to  command,  or  at  least  to 
threaten,  the  village  and  fort  of  Detroit. 

As  Fort  Detroit  was  nearly  a  half  mile  back  from  the 
river,  and  Sandwich  nearly  a  mile  below  the  fort,  the 
distance  from  battery  to  fort  must  have  been  nearly  or 
quite  two  miles.  The  actual  damage  that  could  be  done 
with  the  field  guns  of  that  day  at  such  a  distance  would 
be  inconsiderable,  though  a  fortunate  shot  might  take 
effect,  as  was  afterward  the  case. 

At  noon  of  the  14th  General  Hull  ordered  Colonel 
McArthur — the  senior  colonel — to  take  a  part  of  his 
regiment  with  a  detachment  of  the  3rd,  under  Col. 
Cass,  and  proceed  by  a  back  route,  distant  from  the  river 
front,  to  and  along  the  right  bank  of  the  Huron  river 
so  as  to  strike  the  river  road  between  that  river  and  the 
Raisin.  On  that  very  day  a  movement  was  on  foot 
among  Hull's  officers  to  depose  him  from  the  command 
and  install  Colonel  McArthur  in  his  place,*  and  possibly 
that  was  the  reason  that  though  McArthur  received  his 
orders  at  noon,  he  did  not  move  out  until  near  night, 
and  then  without  rations. f 

The  next  day,  the  15th,  the  detachment  became  inex- 
tricably entangled  in  the  swamps,  finding  no  passable 
road,  and  turned  about  and  marched  back  nearly  to 
Detroit. 

On  this  very  day,  August  15th,  General  Brock  sent  a 


*For  the  details  of  this  conspiracy  and  the  so-called  Cass 
"round  robin"  see  the  History  of  Monroe  County,  Michigan,  by  Hon. 
Talcot  E.  Wing,  former  President  of  the  Michigan  Historical  So- 
ciety. 

tHuIl's  Defense  146  et  seq. 


204  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

flag  to  General  Hull  demanding  his  immediate  surren- 
der. To  this  demand  Hull  returned  a  prompt  refusal. 
Thereupon  General  Brock  opened  his  batteries  upon  the 
fort  and  town,  and  the  cannonade  continued  until  into 
the  night.* 

The  conduct  of  General  Hull  from  the  morning  of 
the  15th  can  be  explained  upon  no  other  theory  than 
that  he  considered  his  retreat  cut  off  and  had  already 
determined  in  his  own  mind  to  surrender  Detroit,  but 
that  he  had  decided  not  to  do  so  until  General  Brock 
and  the  British  regulars  were  on  the  ground  to  maintain 
order,  and  protect  the  helpless  inhabitants  from  the  fury 
of  the  savages,  who  might  become  uncontrollable  when 
blood  had  once  been  shed.f  Fort  Detroit  was  armed 
with  twenty-eight  guns,  some  of  them  twenty-four 
pounders,  while  General  Brock's  heaviest  were  eighteen 
pounders.  The  fort  could  easily  have  silenced  the  Sand- 
wich battery,  but  Hull  would  not  allow  it  to  reply 
though  the  outside  batteries  did.  Many  women  and 
children  were  gathered  in  the  fort.  Major  Jessup  rode 
down  to  Spring  Wells  to  reconnoitre,  and  reported  the 
Queen  Charlotte  anchored  before  Sandwich,  as  if  to 
convey  the  troops  across,  and  asked  General  Hull  to 


*It  now  appears  from  letters  recently  discovered  that  early  on 
the  morning  of  the  i6th  Gen.  Hull  sent  a  letter  to  Brock  asking  a 
cessation  of  firing  and  for  a  conference,  but  this  letter  never  reached 
Brock,  and  exerted  no  influence  on  the  result. 

tGeneral  Brock  in  his  summons  to  surrender  had  used  this  lan- 
guage "You  must  be  aware  that  the  numerous  body  of  Indians  who 
have  attached  themselves  to  my  troops,  will  be  beyond  my  control 
the  moment  the  contest  commences."  Brock  to  Hull,  Sandwich, 
Aug.  15,  1812. 


SIR.  ISAAC  BROCK 


MICHIGAN  AS  A  TERRITORY  205 

send  down  one  of  the  24  pounders  with  which'  to  drive 
her  away,  but  he  refused. 

On  the  morning  of  the  i6th,  as  soon  as  it  was  light 
enough  to  see,  General  Brock  crossed  the  river  unop- 
posed, and  after  leisurely  breakfasting,  marched  toward 
Detroit.  Tecumseh  with  about  600  or  800  Indians  had 
crossed  during  the  night  lower  down  and  now  joined 
General  Brock. 

The  advance  on  the  town  was  made  deliberately,  the 
white  troops  moving  along  the  river  road,  the  Indians 
in  the  woods  covering  the  left.  The  Queen  Charlotte 
moved  up  opposite  the  British  right. 

Not  a  regiment  was  sent  down  to  oppose  the  landing, 
not  a  company  to  skirmish  or  to  harrass  or  retard  the 
advance,  though  the  distance  was  about  four  miles.  At 
one  time  Colonel  Findlay's  regiment  and  a  part  of  the 
Michigan  militia  were  posted  west  of  the  fort  with  some 
pieces  of  artillery  as  if  to  contest  the  advance.  But 
withbut  firing  a  shot  they  were  now  withdrawn  within 
the  fort. 

The  enemy  advanced  to  within  five  hundred  yards  of 
the  fort  and  were  preparing  to  storm  it,  when  by  order 
of  General  Hull,  a  white  flag  was  run  up  over  the  fort, 
and  a  messenger  was  dispatched  to  General  Brock  with 
a  proposal  for  capitulation;  and  on  Sunday  morning, 
August  1 6th,  1 8 12,  Detroit  was  once  more  surrendered 
to  the  British,  almost  without  a  show  of  resistance  or 
defense. 

There  has  been  some  claim  that  there  was  an  under- 
standing that  Detroit  should  be  surrendered,  even  before 


206  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

General  Brock  crossed  the  river,  and  Colonel  Hatch  in 
his  "Chapter,"  etc.,  clearly  intimates  that  the  agree- 
ment was  treacherously  made  several  days  before.  But 
the  proof  is  wholly  insufficient  and  inconclusive. 

We  think  there  can  be  no  doubt  that  the  presence  of  a 
large  force  of  savages,  supposed  to  number  at  least  a 
thiousand,  who  in  case  of  an  unsuccessful  defense,  would 
have  been  turned  loose  upon  the  defenseless  inhabitants 
without  distinction  of  age  or  sex,  not  only  of  Detroit, 
but  of  all  Michigan,  was  the  real  factor  that  actuated 
General  Hull. 

That  Detroit — that  is,  the  fort — could  have  been  suc- 
cessfully defended  on  that  day,  there  is  little  reason  to 
doubt.  McArthur's  detachment  of  300  men  was  absent, 
leaving  Hull  less  than  800  effective  men,  while  Brock 
according  to  his  own  account  had  not  less  than  1,350. 
It  had  been  reported  to  General  Hull  that  a  part 
of  his  militia  had  refused  to  fight. 

The  fort  could  have  been  defended  that  day,  and 
perhaps  the  next  and  the  next.  But  it  is  to  be  remem- 
bered that  it  appeared  on  the  court  martial  that  the 
ammunition  would  hold  out  only  four  days  at  most,  and 
thfe  rations  were  nearly  exhausted. 

General  Brock  with  750  white  troops  and  600  or 
more  Indians  was  between  Hull  and  any  possible  suc- 
cor. And  is  it  not  possible  that  the  old  general  judged 
rightly  that  if  surrender  must  come,  it  were  better  to 
come  before  he  had  sacrificed  a  large  part  of  his  own 
command,  and  before  the  savages  had  become  infuriated 
beyond  all  control. 


MICHIGAN  AS  A  TERRITORY  207 

When  we  remember  what  actually  occurred  at  River 
Raisin  in  the  next  January,  at  the  hands  of  these  same 
Indians,  we  can  but  shtidder  at  the  thought  of  what 
might  have  resulted  at  Detroit;  and  when  we  recall  the 
words  of  John  Askin,  Jr.,  as  to  what  would  have  taken 
place  at  Mackinac,  had  a  gun  been  fired,  the  thought 
arises  that  just  possibly  this  old  veteran  of  the  Revolu- 
tion, this  leader  of  the  storming  party  at  Stony  Point, 
who  twice  received  the  thanks  of  Washington  in  orders, 
for  his  gallantry,  may  have  sacrificed  good  name,  honor 
and  his  eight  years  splendid  record  in  the  old  army,  for 
the  sake  of  humanity,  and  for  the  salvation  of  helpless 
women  and  children.* 

"Great  was  the  mortification  and  even  rage  of  the 
war  party,  aggravated  as  it  was  by  the  taunts  of  the 
Federalists,  at  this  speedy  result,  in  the  loss  of  a  large 
portion  of  our  own  country,  of  the  attempted  conquest 
of  Canada.  All  the  difficulties  and  dangers  of  Hull's 
position,  the  smallness  of  his  force,  the  rawness  of  his 
troops ;  the  inexperience  of  his  officers ;  the  interception 
of  his  communications;  the  cloud  of  Indians  by  which 
the  complete  devastation  of  the  territory  was  threat- 
ened ;  the  power  of  the  enemy  by  their  command  of  the 
lakes  to  concentrate  against  him  an  unknown  force,  were 
kept  quite  out  of  sight,   and  the  unfortunate  general 


*It  coitid  not  be  known  at  the  time,  but  on  the  very  day  before 
(Aug.  15,  1812),  a  scene  of  ruthless  massacre  had  been  enacted  at 
Fort  Dearborn  (Chicago)  where  Captain  Heald  and  his  brave  gar- 
rison of  54  men,  together  with  civilians,  women  and  children,  were 
without  mercy  or  compunction  put  to  the  tomahawk  by  treacherous 
Pottawattamies,  who  at  the  moment  professed  to  be  giving  them 
safe  escort  to  Fort  Wayne. 

n-14 


208     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

made  the  scape-goat  of  everybody's  blunders,  and  laden 
with  everybody's  faults,  was  accused  by  a  general  chorus 
of  the  war  party,  his  own  officers  taking  the  lead,  not 
only  of  Incapacity  and  want  of  enterprise,  but  even  of 
cowardice,  and  as  If  that  were  not  enough,  of  having 
treacherously  sold  himself  and  his  army  to  the  British."* 

The  detachments  of  McArthur  and  Cass  were 
included  in  the  surrender,  as  was  also  the  escort  of  Cap- 
tain Brush  at  the  River  Raisin. 

At  first  Colonels  McArthur  and  Cass  contemplated 
making  their  way  to  Ohio,  in  violation  of  the  capitula- 
tion, and  this  purpose  was  Indicated  in  a  note  to  Cap- 
tain Brush,  announcing  the  surrender.  But  their  men 
had  been  already  two  days  without  food ;  it  was  a  hope- 
less task  to  march  unfed  men  to  the  Maumee,  In  the 
Immediate  presence  of  hostile  Indians  at  least  three 
times  their  own  number,  so  after  dark  of  that  memorable 
day,  with  deepest  mortification  and  indignation,  they 
marched  to  the  fort  and  stacked  their  arms,  and  became 
prisoners  of  war.  Captain  Brush  with  his  men  and 
stores  set  his  face  toward  Ohio,  and  was  soon  behind 
the  Maumee,  and  beyond  pursuit. 

Thus,  once  more,  all  Michigan  was  In  the  hands  of 
the  British,  and  Fort  Dearborn,  at  Chicago,  was  in  the 
hands  of  their  savage  allies. 


*VI  Hildreth  History  342. 


CHAPTER  XV 
Harrison's  Preparations  to  Recover  Detroit 


AVERY  few  words  must  conclude  the  sad 
and  inglorious  story  of  the  campaign 
of  the  Army  of  the  Northwest.  The 
Michigan  militia  were  parolled  and  dis- 
missed to  their  homes.  The  Ohio 
militia  and  volunteers  with  their  officers,  were  conveyed 
to  Maiden  by  water,  thence  to  Cleveland,  where  having 
been  parolled  not  again  to  engage  in  the  war  until  regu- 
larly exchanged,  they  were  permitted  to  find  their  way 
to  their  respective  abodes.  General  Hull  and  staff  and 
the  4th  U.  S.  Regulars  were  held  as  prisoners  of  war, 
and  conveyed  first  to  Fort  George,  at  the  mouth  of  the 
Niagara  river,  and  then  to  Montreal,  whence  Hull  made 
his  report  of  his  campaign  to  the  secretary  of  war. 

General  Brock,  set  up  at  Detroit  a  provisional  govern- 
ment over  the  province  of  Michigan,  and  left  Colonel 
Proctor  in  command  with  a  garrison  of  250  men.  He 
then  hastened  back  to  York  (Toronto),  the  capital  of 
Upper  Canada,  having  in  nineteen  days  captured  an 
army  with  its  general  and  munitions  and  conquered  a 
province  as  large  as  his  own. 

In  less  than  sixty  days  thereafter  (October  13, 
1 8 12),  he  fell  at  Queenstown  in  a  small  affair,  in  which 
another  American  General  (Van  Renssalaer)  lost  all 
the  reputation  as  a  military  man  he  had  to  lose.  Gen- 
eral Brock  was  a  soldier  by  profession,  having  spent  his 
whole  life  in  the  service.  He  had  many  of  the  qualities 
of  a  great  soldier;  his  greatest  achievement  was  the 
capture  of  General  Hull  and  his  army,  but  it  cannot  be 
forgotten,  at  least  not  by  Michigan  men,  that  he  could 

211 


212  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

never  have  accomplished  that  feat  without  his  savage 
allies  under  Tecumseh,  and  that  it  was  fear  of  those 
allies  and  not  of  British  regulars  or  Canadian  militia 
that  led  to  the  surrender  of  Detroit ;  and  it  will  always 
rest  as  a  stain  upon  Brock's  character  that  he  deliber- 
ately and  urgently  summoned  these  savages  to  his  stand- 
ard, and  publicly  acknowledged  their  services  by  plac- 
ing his  own  scarlet  sash  around  the  body  of  Tecumseh, 
on  the  parade  in  front  of  the  fort  at  Detroit  on  the  day 
after  the  capitulation. 

While  Hull  was  on  his  weary  way  to  Montreal  as  a 
prisoner,  his  ambitious  young  subordinate.  Colonel  Cass, 
(whose  sole  military  exploit  was  the  reconnoisance  to 
the  Canards,  where  not  a  man  of  his  was  killed  or 
wounded)  was  hastening  with  all  speed  to  Washington 
to  lay  charges  against  his  late  commander.  As  soon  as 
he  could  be  exchanged  he  was  appointed  colonel  of  the 
27th  Regulars,  and  soon  advanced  to  brigadier  general. 
For  what  was  he  thus  highly  rewarded  ? 

He  became  the  chief  witness  against  Hull  on  his 
trial  for  his  life,  charged  with  treason,  cowardice  in  the 
presence  of  the  enemy,  and  conduct  unbecoming  an 
officer.  The  court  convened  at  Albany,  New  York, 
January,  18 14.  General  Henry  Dearborn,  who  at  the 
time  of  Hull's  surrender  was  in  command  on  the 
Niagara  frontier,  with  headquarters  at  Flatbush,  near 
Albany,  was  president. 

Of  the  one  brigadier  general,  four  colonels  and  eight 
lieutenant  colonels  who  composed  the  court,  not  one 
ever  reached  distinction. 


MICHIGAN  AS  A  TERRITORY  213 

The  court  sat  for  80  days  during  all  of  which  time 
Dearborn  was  absent  from  his  proper  duties  as  senior 
major  general,  and  there  were  those  who  thought  that 
Dearborn,  by  his  failure  to  keep  General  Brock  occu- 
pied on  the  Niagara  and  St.  Lawrence  frontiers,  was 
largely  responsible  for  the  disaster  at  Detroit,  and 
ought  never  to  have  sat  on  the  court,  much  less  pre- 
sided over  it. 

Dearborn,*  like  Hull,  was  a  veteran  of  the  Revolu- 
tion, but  the  rest  of  the  court  was  composed  of  compara- 
tively young  men.  General  Hull  in  his  plea  in  his  own 
defense,  said :  "I  have  fought  more  battles  than  many 
of  the  young  men  who  have  impeached  me  of  this  crime 
have  numbered  years." 

The  charge  of  treason  was  withdrawn,  as  not  within 
the  jurisdiction  of  a  court  martial.  Upon  the  other  two 
charges  he  was  found  guilty,  with  a  recommendation  to 
mercy.  He  was  immediately  pardoned  by  President 
Madison,  retired  to  his  home  at  Newton,  Massachu- 
setts, and  spent  the  remainder  of  his  days  in  an  attempt 
to  vindicate  his  memory  from  the  charges.  For  half  a 
century  it  was  a  part  of  the  common  law  of  Michigan 
that  General  Hull  was  an  imbecile  and  a  coward,  if  not 
a  traitor.     But  since  the  Civil  War  there  has  been  a 


♦Henry  Dearborn  was  born  at  Hampton,  N.  H.,  Feb.  21,  1751, 
and  died  at  Roxbury,  Mass.,  June  6,  1829.  At  the  outbreak  of  the 
Revolution  he  was  appointed  captain  in  Col.  John  Stark's  regiment, 
went  with  Arnold  to  Quebec,  was  made  prisoner  and  not  exchanged 
until  March,  1777.  Promoted  major,  took  part  in  the  battles  of 
Saratoga  and  Monmouth,  and  in  1781  was  made  assistant  quarter- 
master general  on  Washington's  staff.  Was  secretary  of  war,  1801 
to  1809,  made  major  general,  January  27,  1812. 


214     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

growing  feeling  that  the  responsibility  for  the  disaster 
at  Detroit,  August  i6th,  1812,  must  be  divided,  not 
very  unequally  between  the  general  who  lacked  vigor, 
and  the  administration  which  lacked  good  sense,  and 
which  sent  him  into  the  enemy's  country  without  notice 
of  the  declaration  of  war,  without  control  of  his  line  of 
communication,  without  reserves  or  reinforcements,  and 
with  the  control  of  the  strait  which  he  was  required 
to  pass,  in  the  hands  of  the  enemy. 

The  surrender  of  Detroit  with  the  "Army  of  the 
Northwest"  created  an  immense  sensation  throughout 
the  country,  but  especially  in  Ohio  and  Kentucky,  from 
which  states  most  of  Hull's  men  came. 

General  Harrison's  exploit  at  Tippecanoe  in  the  pre- 
vious year  (Nov.,  18 11,)  had  given  him  great  prestige 
throughout  that  region ;  and  with  scant  regard  to  law, 
he  had  been  made  a  major  general,  by  brevet,  of  Ken- 
tucky militia,  and  the  Kentucky  troops  put  under  his 
command.  While  engaged  in  organizing  his  forces  at 
Piqua,  Ohio,  on  the  24th  of  September,  18 12,  he 
received  a  dispatch  from  the  secretary  of  war,  advising 
him  that  the  president  had  appointed  him  a  brigadier 
general  in  the  regular  army,  and  that  ten  thousand 
men  had  been  assigned  to  his  command,  with  which  he 
was,  first,  to  protect  the  frontier,  then  recover  Detroit 
and  finally  conquer  Canada. 

Meanwhile  Proctor  at  Detroit  had  taken  the  aggres- 
sive, and  a  force  of  two  hundred  regulars  under  Major 
Muir  and  a  thousand  Indians  under  Colonel  Elliott  had 
proceeded  by  boat  from  Maiden  to  the  Rapids  of  the 


MICHIGAN  AS  A  TERRITORY         215 

Maumee,  thence  up  that  river  to  and  beyond  Fort  Defi- 
ance at  the  confluence  of  the  Auglaize,  being  en  route 
to  attack  and  reduce  Fort  Wayne. 

On  September  22,  General  Winchester  in  command 
of  two  thousand  men  had  set  out  from  Fort  Wayne  to 
take  post  at  Maumee  Rapids. 

As  these  two  forces  approached  each  other,  Major 
Muir,  misled  by  a  false  report  of  General  Winchester's 
force,  and  deserted  near  Fort  Defiance  by  a  large  part 
of  his  Indian  allies,  retreated  down  the  Maumee 
towards  the  Rapids,  embarking  his  baggage  and  cannon 
on  boats,  for  more  rapid  transportation. 

At  Fort  Defiance,  Winchester  was  joined  early  in 
October,  by  Gen.  Harrison  with  a  thousand  mounted 
men,  and  while  Harrison  returned  southward  to  push 
forward  men  and  supplies,  Winchester  was  building  a 
new  fort  near  Fort  Defiance  and  scouting  towards  the 
Rapids  of  Maumee,  where  it  was  General  Harrison's 
purpose  to  concentrate  his  forces  for  the  advance  on 
Detroit.  His  troops  were  moving  northward  on  three 
lines,  those  from  Virginia  and  Pennsylvania  to  upper 
and  lower  Sandusky  under  General  Simon  Perkins;  the 
Ohio  volunteers  under  General  Tupper,  by  Hull's  road 
from  Urbana  to  Fort  McArthur;  and  the  Kentuckian 
and  Indiana  volunteers  on  the  line  of  Wayne's  advance 
in  1794,  to  Fort  Defiance,  and  thence  down  the  Mau- 
mee to  the  Rapids. 

General  Tupper  was  the  first  to  reach  the  Rapids  and 
found  there  (Nov.  11)  a  party  of  about  a  hundred 
British  and  three  or  four  hundred  Indians  camped  near 


2l6     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

the  foot  of  the  Rapids,  and  after  a  slight  affair  with  a 
small  body  of  Indians  that  had  crossed  to  the  south  side, 
being  out  of  food,  he  retreated  to  Fort  McArthur,  leav- 
ing several  dead  on  the  field.  An  expedition  sent  by 
Winchester  to  relieve  Tupper,  returned  to  Defiance, 
having  frightened  off  the  British  and  Indians  who  were 
gathering  corn  near  the  Rapids. 

General  Harrison,  commander  in  chief  of  the  North- 
western Army,  found  it  almost  impossible  on  account  of 
the  wretched  condition  of  the  roads,  to  effect  a  concen- 
tration of  his  forces  in  time  to  prosecute  a  fall  or  winter 
campaign  for  the  recovery  of  Michigan.  The  difficul- 
ties of  transportation  were  almost  inconceivable,  and  the 
losses  of  animals  and  materials  correspondingly  great. 

Under  these  circumstances.  General  Harrison  sug- 
gested to  the  administration  that  the  campaign  be  sus- 
pended until  some  naval  vessels  could  be  built  on  Lake 
Erie,  and  the  control  of  that  lake  and  the  straits  could  be 
gained  by  the  Americans.  This  was  the  very  sugges- 
tion made  by  Hull  almost  a  year  before,  and  the  disre- 
gard of  which  had  resulted  in  disaster. 

Meanwhile,  Eustis  had  resigned  as  secretary  of  war, 
which  he  ought  to  have  done  before  the  beginning  of 
the  war,  and  James  Monroe  had  been  appointed  tem- 
porarily in  his  place. 

Monroe  gave  Harrison  carte  blanche  to  conduct  his 
campaign  according  to  his  own  best  judgment.  Early  in 
December  General  Perkins  arrived  at  Lower  Sandusky 
(now  Fremont)  with  a  large  train  of  artillery,  and  Har- 
rison from  the  same  point  dispatched  orders  to  Win- 


MICHIGAN  AS  A  TERRITORY  217 

Chester  to  advance  to  the  Rapids,  as  soon  as  he  could 
accumulate  provisions  sufficient.  On  January  10,  18 13, 
Winchester's  force  arrived  in  the  vicinity  of  old  Fort 
Miami  at  the  foot  of  the  Rapids. 

Within  a  few  days  came  messengers  from  French- 
town  (now  Monroe)  Michigan,  on  the  River  Raisin, 
with  word  that  the  British  and  Indians  at  Maiden  were 
threatening  the  destruction  of  the  Raisin  settlement,  and 
pleading  for  protection.  Messenger  followed  messen- 
ger from  the  13th  to  the  i6th  of  January.  Harrison 
was  at  Upper  Sandusky,  beyond  reach.  Winchester 
called  a  council,  and  the  majority  advised  an  immediate 
advance  to  the  Raisin,  and  on  the  17th  Winchester  dis- 
patched Colonel  Lewis  with  five  hundred  and  fifty  men, 
mostly  Kentuckians.  A  few  hours  later  Colonel  Allen 
followed  Lewis  with  no  reinforcements.  Allen  over- 
took Lewis  at  Presque  Isle  on  Maumee  bay,  about  half 
way  to  Frenchtown.  There  they  halted  for  the  night, 
and  in  the  morning  started  forward  over  the  ice  along 
the  shore  of  Lake  Erie.  Since  Colonel  Proctor  took 
command  at  Detroit,  a  force  of  about  200  Canadian 
militia  and  400  Indians  had  been  maintained  at  and 
near  Frenchtown.  These  Indians,  and  to  some  extent 
the  Canadians,  had  been  harrying,  robbing  and  dis- 
tressing the  settlement. 

As  Colonel  Lewis  approached  the  village  which  was 
composed  of  about  forty  log  houses,  most  of  them  sur- 
rounded by  strong  picket  fences,  the  pickets  being  heavy 
stakes  driven  into  the  ground  and  sharpened  at  the  top 
— he  was  advised  that  the  enemy  was  occupying  the 


2l8  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

village  and  awaiting  his  attack.  They  had  one  piece  of 
artillery  while  Lewis  had  none.  Order  of  battle  was 
quickly  formed,  and  under  a  rapid  fire  of  both  musketry 
and  artillery,  Lewis  advanced  rapidly  to  the  Raisin, 
which  was  firmly  frozen  over,  dashed  across  and  up 
the  bank  at  a  charge  and  quickly  drove  the  Canadians 
and  their  savage  allies  from  the  village  which  lay 
mostly  north  of  the  river, — and  pursued  them  into  the 
woods,  but  without  capturing  their  cannon.  Colonel 
Lewis  followed  up  the  enemy,  who  fought  with  the 
greatest  obstinacy,  nearly  two  miles,  when,  night  coming 
on,  he  retired  to  Frenchtown,  and  quartered  his  men  in 
the  village.  He  at  once  dispatched  a  messenger  to  Win- 
chester at  the  Maumee,  with  a  report  of  his  action  and 
present  situation.  On  the  morning  of  the  19th,  a  coun- 
cil called  by  Lewis  decided  to  hold  Frenchtown,  and 
await  reinforcements.  But  Proctor  at  Maiden  was 
only  half  as  far  away  as  Winchester  at  the  Maumee. 

General  Winchester  had  received  Lewis's  message 
and  report  on  the  morning  of  the  19th,  and  started  the 
same  afternoon  with  about  300  volunteers  toi  reinforce 
Lewis'  command.  He  arrived  at  Frenchtown  at  3 
o'clock  on  the  afternoon  of  the  20th  after  a  fatiguing 
march,  and  encamping  the  reinforcements  under  Colonel 
Wells  on  the  right  of  Lewis,  next  the  lake,  himself 
retired  to  the  residence  of  Colonel  Navarre,  a  leading 
citizen  and  Indian  trader,  a  half  mile  south  from  the 
camp. 

General  Winchester,  like  General  Hull,  was  a  vet- 
eran of  the  Revolution,     a    Tennesseean,   not  locally 


MICHIGAN  AS  A  TERRITORY  219 

related  to  the  troops  under  his  command,  already  well 
advanced  in  years,  and  fond  of  comfortable  quarters; 
and  therefore  he  disregarded  the  advice  of  Colonel 
Wells,  who  was  of  the  regular  army,  that  the  head- 
quarters should  be  with  the  troops  on  the  north  side  of 
the  river.  Winchester  had  with  him  now  about  1,000 
men.  Lewis  had  lost  12  killed  and  55  wounded  on  the 
1 8th. 

During  the  21st  reports  were  brought  to  Winchester 
that  a  large  force  was  advancing  from  Maiden,  and  late 
in  the  evening  came  a  definite  message  that  it  had 
reached  Stony  Creek.  Winchester  still  disbelieved,  and 
took  no  steps  to  fortify  his  camp  or  to  strengthen  his 
position  in  any  way.  He  called  no  council  and  arranged 
no  plan  of  action,  but  retired  as  serenely  as  if  there 
were  no  British  or  Indians  within  a  thousand  miles.* 

But  between  4  and  5  o'clock  on  the  morning  of  the 
22nd  the  storm  burst,  when  just  as  the  reveille  was  beat- 
ing, a  shower  of  bullets  from  the  musketry,  a  blast  of 
shot,  shell  and  grape  from  the  artillery,  and  a  bedlam 
of  demoniac  yells  from  the  savages,  roused  the  Ameri- 
can camp  to  a  sense  of  their  impending  doom.  Colonel 
Wells,  commanding  the  right,  had  left  early  in  the  night 
to  go  back  tO'  the  Maumee,  with  hope  of  bringing  up 
reinforcements,  leaving  Major  McClanahan  in  com- 
mand. The  first  assault  of  the  enemy  struck  McClana- 
han's  front,  encamped  in  an  open  field,  and  the  right 


*General  Winchester's  orderly  books  will  be  found  printed  in 
Vols.  29,  31  and  32  of  the  Michigan  Pioneer  Collection.  The  orig- 
inals are  in  the  collection  of  C.  M.  Burton,  Pres.  Mich.  Hist.  Soc. 


220     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

soon  gave  way  and  was  doubled  back  on  the  left,  which 
was  stationed  behind  the  heavy  picket  fences  and  houses 
north  of  the  Raisin. 

At  this  juncture  it  is  said  that  General  Winchester* 
arrived  on  the  scene,  and  attempted  to  rally  McClana- 
han's  fleeing  troops  behind  the  houses  and  fences  south 
of  the  river.  But  in  vain.  Lewis  and  Allen  now  joined 
Winchester  in  attempting  to  rally  the  broken  lines  on  the 
south  side,  but  the  Indians  were  already  on  their  left 
flank,  and  all  their  efforts  were  ineffectual.  Whichever 
way  they  turned,  the  tomahawk  and  the  scalping  knife 
awaited  them.  The  allies  of  the  British  had  tasted 
blood,  and  now  was  seen  what  Hull  had  feared  at 
Detroit  five  months  before,  a  savage  war  of  extermina- 
tion. With  them  it  was  "kill,  kill,"  or  scalp,  scalp; 
for  every  bloody  scalp  was  worth  a  price  at  Maiden. 

But  while  the  right  under  Winchester  and  Lewis  was 
being  cut  to  pieces  and  practically  annihilated.  Majors 
Madison  and  Graves,  who  commanded  Lewis's  left, 
ensconced  behind  the  log  houses  and  heavy  picket 
fences  on  the  north  side  were  holding  their  own  bravely, 
and  succeeded  in  driving  off  the  howitzer  and  repulsing 
the  British  and  Canadians. 

At  this  moment,  and  while  Major  Madison's  tired 
troops  were  snatching  a  hasty  breakfast,  a  flag  of  truce 
approached,  which  proved  to  be  borne  by  Major  Over- 


*There  appears  to  be  some  doubt  as  to  the  part  taken  by  Gen- 
eral Winchester  in  the  battle.  Colonel  Henry  Whiting,  of  Detroit, 
who  wrote  in  1830,  says  Winchester,  did  not  reach  his  troops,  be- 
ing captured  before  reaching  the  river.  Lossing  says  (p.  356)  that 
Winchester  was  captured  by  Round-Head,  at  a  bridge  3-4  of  a  mile 
from  the  village. 


MICHIGAN  AS  A  TERRITORY  221 

ton,  of  General  Winchester's  staff,  bringing  a  peremp- 
tory order  from  him  for  immediate  surrender,  which 
the  infamous  Proctor  had  practically  extorted  from  him 
after  his  capture.  Madison  emphatically  refused  to 
obey  the  order,  until  Proctor  gave  his  word  of  honor 
that  the  surrendered  should  be  protected  in;  person  and 
property,  that  the  officers'  side  arms  should  be  restored, 
and  that  the  sick  and  wounded  should  be  conveyed  under 
guard   to   Maiden. 

The  same  night  of  the  surrender,  Proctor  set  out 
with  the  British  and  Canadian  troops  and  a  part  of  his 
savage  allies  for  Maiden,  leaving  no  guard  for  the  sick 
and  wounded.  The  night  was  passed  in  terror  and 
dread. 

At  sunrise  of  the  23rd,  about  200  savages  who  had 
left  Proctor  at  Stony  Creek,  came  back  and,  hideous 
with  war  paint  and  frenzied  with  liquor  which  Proctor 
had  given  them,  with  blood  curdling  yells,  rushed  upon 
the  sick  and  wounded,  tomahawking  and  scalping  till 
their  thirst  for  blood  was  satisfied.  Many  of  the 
wounded  who  could  not  walk  were  collected  in  two  of 
the  largest  houses,  and  then  the  houses  set  on  fire. 
Those  who  attempted  to  escape  by  the  doors  and  win- 
dows, were  tomahawked  and  scalped  without  mercy. 

Colonel  Whiting  in  his  historical  address  at  Detroit 
(1831)   says: 

"The  wounded  were  collected  in  two  houses  near 
the  battle  field. 

During  the  night  fire  was  set  to  the  buildings  in  which 


22  2   MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

the  wounded  were  gathered,  and  those  not  slaughtered 
were  consumed  In  the  fire." 

A  carnival  of  savage  butchery  reigned  through  that 
disgracefully  memorable  morning. 

Whether  General  Proctor,  commanding  the  allied 
British  and  savages,  could  not  or  would  not  control 
them,  will  doubtless  always  remain  a  disputed  ques- 
tion. But  the  result  is  the  same.  The  terms  of  the 
capitulation  were  shamefully  disregarded,  and  if  Gen- 
eral Proctor  could  not  restrain  the  savages,  the  greater 
is  the  shame  and  the  dishonor  of  employing  such  allies. 

With  all  who  could  march,  they  then  set  out  for 
Maiden,  across  the  ice,  but  if  any  gave  out  and  fell  he 
was  at  once  dispatched  and  scalped. 

Proctor  with  his  prisoners  arrived  at  Maiden  on  the 
23rd  and  soon  after  proceeded  to  Detroit. 

So  ended  Winchester's  advance  toward  Detroit,  and 
the  battle  and  massacre  of  the  Raisin,  a  name  that  even 
now,  after  the  lapse  of  almost  a  century,  brings  a  shud- 
der to  the  heart  of  every  resident  of  that  comer  of 
Michigan,  and  fiery  indignation  against  that  monster 
of  cruelty  and  truculence,  Henry  Proctor. 

The  loss  of  the  Americans  was  934,  of  whom  nearly 
200  were  killed,  most  of  them  Kentuckians. 

The  British  and  Canadian  loss  was  24  killed  and  159 
wounded.*  The  loss  of  the  Indians  was  never  fully 
known. 

Proctor  had  with  him  the  Royal  Artillery,  the  loth 


*32  Mich.  Pioneer  Collections  541. 


MICHIGAN  AS  A   TERRITORY  2  23 

Veteran  Battalion,  the  41st  Regiment,  the  Royal  New- 
foundland Marines,  and  the  ist  and  2nd  Essex  Militia, 
about  500  white  troops  and  probably  700  Indians.* 

This  was  the  bloodiest  day  ever  witnessed  on  Michi- 
gan soil. 


*32  Mich.  Pioneer  Coll. 


11-16 


CHAPTER  XVI 
Conclusion  of  the  War  of  1812 


THOUGH  there  were  no  further  military 
operations  on  the  soil  of  Michigan  terri- 
tory during  the  year  1 8  13,  yet  there  were 
three  events  so  closely  related  to  the 
expulsion  of  the  British,  and  the  recov- 
ery of  Detroit  and  the  rest  of  the  Peninsula,  that  they 
should  be  briefly  chronicled  here;  these  were  the  defense 
of  Fort  Meigs,  at  the  Rapids  of  the  Maumee;  the 
battle  of  Lake  Erie,  and  the  battle  of  the  Thames. 

But,  first,  it  should  be  noticed  that  immediately  after 
the  slaughter  at  River  Raisin,  the  remaining  inhabitants 
of  that  unfortunate  settlement  were  ordered  by  Colonel 
Proctor  to  remove  to  Detroit;  and  in  the  dead  of  win- 
ter, the  weather  intensely  cold,  they  gathered  their  small 
belongings,  and,  leaving  their  comfortable  houses  to 
the  mercy  of  the  savages,  they  obeyed  the  order. 

Of  Winchester's  entire  force  at  River  Raisin,  only 
about  sixty  escaped.  This  took  away  the  best  part  of 
Harrison's  small  army  which  was  further  depleted  by 
sickness  and  expiring  enlistments,  so  that  at  one  time 
he  had  only  a  few  hundred  troops  remaining  at  Mau- 
mee Rapids.  About  March  i,  18 13,  Harrison  organized 
an  expedition  to  cross  Lake  Erie  on  the  ice  to  Fort  Mai- 
den and  bum  the  naval  vessels  there  frozen  in  the  ice, 
but  they  found  it  impossible  to  cross,  as  the  ice  was 
broken  up,  and  returned  to  camp.  Harrison  had  chosen 
his  post  with  excellent  military  foresight  at  the  head  of 
navigation  of  the  Maumee,  opposite  Wayne's  old  fight- 
ing ground,  and  almost  on  Hull's  camping  place  of 
June,   1 8 12.     The  river  was  in  his  front,  but  he  con- 

227 


228  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

trolled  it  with  his  batteries.  This  was  the  most  advanced 
post  toward  Amherstburg  and  Detroit  that  he  could 
hold  without  exposing  his  flank  to  attack  from  Maiden, 
as  both  Hull  and  Winchester  had  learned  to  their  bitter 
cost.  Here  he  had  collected  a  considerable  train  of 
artillery  and  a  large  amount  of  military  stores,  and  for 
their  better  protection  he  commenced  the  construction 
of  a  large  entrenched  camp,  which  he  named  after  the 
governor  of  Ohio,  "Fort  Meigs."  It  was  situated  on 
the  south  side  of  the  Maumee,  a  little  above  the  present 
city  of  Perrysburg,  Ohio.  The  time  of  many  of  the 
Virginia  and  Pennsylvania  troops  having  expired,  they 
marched  away,  leaving  the  general  only  about  500 
men,  under  Major  Stoddard,  with  which  to  defend  the 
post. 

General  Harrison  arrived  at  Fort  Meigs  from  Cin- 
cinnati on  April  12th,  and  at  once  took  steps  to  hasten 
the  completion  of  the  fort,  which  work  had  languished 
during  his  absence  in  procuring  additional  levies. 

Colonel  Proctor,  greatly  elated  by  his  success  at 
Frenchtown,  had  been  putting  forth  his  utmost  efforts 
to  collect  a  great  body  of  Indians  for  the  spring  cam- 
paign in  the  invasion  of  Ohio.  By  April  23rd  he  had 
assembled  nearly  2,500  men,  of  whom  about  1,500 
were  Indians  under  the  command  of  Tecumseh.  They 
embarked  at  Maiden  on  board  the  fleet,  and  an  the 
26th  appeared  at  the  mouth  of  the  Maumee,  and  on 
the  28th  landed  near  old  Fort  Miami,  on  the  north 
bank,  at  the  foot  of  the  Rapids.  Proctor  was  in  no  haste 
to  attack,  seemingly  confident  that  his  prey  could  not 


MICHIGAN  AS  A  TERRITORY  229 

escape.  But  by  April  30th  he  had  completed  two  bat- 
teries on  the  bluff  nearly  opposite  Fort  Meigs,  and  on 
the  I  St  of  May  opened  a  continued  cannonade  upon 
it.  But  Harrison  had  caused  to  be  constructed  a  very 
heavy  "traverse"  or  earth  embankment,  through  the 
middle  of  the  fort,  parallel  with  the  river,  so  that  the 
cannonade  did  little  damage  to  the  fort  or  troops.  On 
the  2nd,  a  third  battery  was  opened,  and  on  the  next 
day  still  a  fourth.  Colonel  Proctor  having  abundant 
water  transportation  and  control  of  the  lakei,  was  quite 
lavish  of  his  ammunition.  The  bombardment  con- 
tinued vigorously  through  the  ist,  2nd  and  3rd,  but 
slackened  on  the  4th  when  Proctor  sent  a  flag  with  a 
demand  for  surrender  of  the  fort,  which  Harrison  with- 
out a  moment's  hestitation  declined.  That  night  came 
the  glad  news  that  General  Green  Clay  with  1,100  Ken- 
tuckians  was  advancing  down  the  Maumee  to  his  relief, 
and  was  only  eighteen  miles  distant.  Clay  was  directed 
to  land  800  of  his  men  on  the  left  (north)  bank  and 
capture  the  British  batteries,  spike  the  guns,  disable  the 
carriages,  and  then,  without  delay,  cross  to  the  fort  on 
the  south  bank  fighting  their  way  in,  if  necessary. 

General  Clay  assigned  Colonel  Dudley,  his  senior 
colonel,  to  the  work  of  taking  the  batteries. 

Colonel  Dudley  effected  a  landing  some  distance 
above  and  came  upon  the  rear  of  the  batteries,  which 
were  quickly  taken  and  the  guns  spiked.  But  a  part 
of  his  troops,  elated  by  their  easy  success,  contrary  to 
orders,  pushed  on  beyond  the  batteries  toward  Proc- 
tor's main  camp.    There,  scattered  in  confusion  through 


230  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

the  woods,  they  were  fiercely  attacked  by  the  Indians, 
many  of  them  killed,  and  the  greater  number  taken  pris- 
oners. Colonel  Dudley  was  tomahawked  and  scalped, 
and  only  about  170  out  of  800  escaped  to  Fort  Meigs, 
and  what  should  have  been  a  brilliant  victory  was  con- 
verted into  a  disastrous  rout. 

General  Clay  with  his  remaining  troops  effected  a 
landing  on  the  south  bank  and  reached  the  fort  with- 
out serious  loss.  Harrison  now  took  the  aggressive, 
and  ordered  a  sortie  against  two  batteries  below  the 
fort  on  the  south  (or  east)  bank.  The  sortie  was  suc- 
cessful, the  batteries  were  taken,  the  guns  spiked  and 
thte  detachment — mostly  regulars  under  Colonel  Miller 
of  the  19th  U.  S. — returned  to  the  fort. 

So  ended  the  operations  of  the  5  th  of  May.  When 
he  left  Maiden,  Proctor  had  promised  the  Prophet  the 
Territory  of  Michigan  as  his  share  of  the  spoils,  while 
Tecumseh  was  to  have  General  Harrison  as  his  reward.* 
But  his  Canadian  militia  were  deserting  in  large  num- 
bers. Their  farms  were  calling  them,  while  the  Indians, 
disappointed  and  morose  at  the  failure  to  make  good, 
went  at  their  own  sweet  will.  But  before  they  went, 
they  repeated  the  horrors  of  River  Raisin,  only  the 
slaughter  was  more  dIaboHcal,  more  a  bloody  carnival 
even  than  at  Frenchtown. 

While  this  wanton  slaughter  was  going  on  at  old 
Fort  Miami,  Tecumseh  arrived  from  the  south  side,  and 
in  stentorian  tones  commanded  the  Indians  to  desist. 
Seeing  the  Infamous  Proctor  a  passive  spectator  of  the 


♦Drake's  Life  of  Tecumseh  179. 


MICHIGAN  AS  A  TERRITORY  23  I 

butchery,  he  demanded  why  he  had  not  stopped  it,  to 
which'  he  replied,  "Your  Indians  will  not  be  com- 
manded." Tecumseh  retorted,  "You  are  not  fit  to 
command.     Begone!     Go  put  on  petticoats!"* 

Proctor  with  the  remnant  of  his  army  returned  to 
Maiden  as  he  had  come,  leaving  a  part  of  his  cannon 
behind  him.  There  he  disbanded  his  militia,  confident 
that  he  would  not  be  disturbed  until  thte  Americans  had 
a  fleet  on  Lake  Erie.f 

But  the  lessons  of  the  campaign  of  1 8 1 2  were  begin- 
ning to  bear  fruit.  During  the  winter  of  1 8 12-13,  ^^i" 
ver  Hazzard  Perry,  a  young  lieutenant  in  the  navy,  had 
been  sent  to  Presque  Isle  (Erie,  Pa.),  with  artisans 
and  sailors  to  gather  or  create  a  navy  that  could  con- 
test the  control  of  Lake  Erie.  He  found  none  of  the 
facilities  usual  for  ship-building.  His  ship  timber  was 
growing  in  the  forest;  but  pushing  his  work  with  zeal 
and  energy,  by  midsummer  he  had  afloat  a  little  fleet, 
armed  and  manned. 

But  the  British  were  alert  and  watchful  of  the  situ- 
ation. They  had  added  to  their  own  fleet,  and  by  the 
time  Perry  was  ready  for  sea.  Captain  Barclay  was  out- 
side Presque  Isle,  awaiting  him  with  a  force  equal  or 
superior  to  his  own. 


♦Drake's  Life  of  Tecumseh  182. 

tin  the  following  July,  in  order  to  give  the  Indians  something 
to  do,  he  again  crossed  Lake  Erie,  and  appeared  before  Fort  Meigs, 
but  failing  to  draw  General  Clay  (then  in  command)  outside  his 
defenses,  he  reimbarked  and  sailed  to  Lower  Sandusky  (Fremont) 
where  having  in  vain  summoned  Fort  Stephenson  to  surrender,  he 
attempted  to  take  the  fort  by  storm  (Aug.  2)  and  was  decisively 
repulsed  by  Major  Croghan  and  his  gallant  garrison  of  160  men, 
and  abandoned  the  attack  and  once  more  returned  to  his  sentry  box 
at  the  mouth  of  the  Detroit. 


232  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

A  bad  bar  at  the  mouth  of  the  harbor,  while  it  kept 
Barclay  from  attacking,  also  kept  Perry  Inside,  as  he 
could  not  cross  the  bar  In  the  presence  of  the  enemy. 
But  at  last  Barclay  became  tired  of  the  waiting  game, 
and  set  sail  for  Maiden  and  the  Detroit  river. 

Perry  availed  himself  of  this  opportunity  to  get  out- 
side, which  he  did  by  removing  some  of  the  heavy 
guns  from  his  larger  vessels,  and  lightening  them  across 
the  bar.  Perry's  squadron  consisted  of  the  brigs  Law- 
rence and  Niagara,  and  the  schooners  Ariel,  Porcupine 
and  Tigress  built  at  Erie,  and  the  brig  Caledonia,  cap- 
tured from  the  British  by  Lieutenant  Elliott,  in  Niagara 
river,  and  four  small  schooners,  purchased  at  Black 
Rock,  and  a  gun-boat  or  two.  Perry  was  ready  to  go 
out  by  July  loth,  but  had  not  men  enough  to  man  his 
brigs.  Toward  the  end  of  July,  he  received  a  reinforce- 
ment of  70  men,  as  Perry  himself  said,  "A  motley  set, 
blacks,  soldiers  and  boys." 

On  August  2nd  he  commenced  the  operation  of  get- 
ting his  fleet  over  the  bar,  which  was  completed  on  the 
5th.  After  cruising  across  the  lake  and  not  finding  Bar- 
clay, Perry  received  on  the  9th  a  reinforcement  of  a 
hundred  men,  which  enabled  him  to  fully  man  his  larger 
vessels,  and  on  August  15th,  he  reachfed  Put-In-Bay. 
On  August  19th  he  established  communication  with 
General  Harrison,  who  was  at  Camp  Seneca,  twenty- 
seven  miles  from  Sandusky  bay.  On  the  20th,  the  two 
commanders  met  and  arranged  a  plan  of  campaign. 
Harrison  had  gathered  an  army  of  seven  thousand  men 
with  which  he  proposed  to  invade  Canada  as  soon  as 


e^o^n^ 


MICHIGAN  AS  A  TERRITORY  233 

Perry  with  his  fleet  should  open  the  way.  It  was  now 
clearly  seen  that  the  task  assigned  to  Hull,  to  invade  the 
enemy's  country  with  an  army  of  eighteen  hundred  men, 
all  but  three  hundred  and  fifty  raw  and  undisciplined 
militia,  with  the  control  of  the  lake  in  the  hands  of  the 
enemy,  was  an  unreasonable  if  not  a  hopeless  one.  Sep- 
tember I  St  Perry  sailed  away  to  Maiden  and  chal- 
lenged Barclay  to  combat;  but  the  latter  prudently 
remained  under  cover  of  the  guns  of  the  fort,  and  Perry 
returned  to  Put-In-Bay. 

On  the  morning  of  September  loth,  the  enemy's 
squadron  was  sighted  on  the  western  horizon,  and 
Perry  at  once  made  haste  to  meet  him.  The  breeze  was 
very  light  from  the  southwest,  and  made  it  impos- 
sible for  Perry  to  come  to  close  quarters  at  once,  as 
he  desired. 

At  about  noon  the  action  opened.  At  first,  by  rea- 
son of  the  short  range  of  Perry's  guns  and  the  longer 
range  of  Barclay's,  the  day  went  against  Perry,  and  at 
the  end  of  two  hours  his  flag-ship,  the  Lawrence,  lay 
totally  disabled  on  the  unrufiied  waters  of  the  lake. 
Then  it  was  that  he  transferred  his  flag  to  the  Niagara. 
With  her,  the  wind  having  risen,  he  dashed  through  the 
British  line,  and  in  half  an  hour  Barclay  struck  his 
flag,  in  which  he  was  at  once  followed  by  the  rest  of  the 
fleet;  and  at  last  the  way  was  open  to  Canada  for  the 
first  time.  The  American  loss  was  123,  of  whom  27 
were  killed.  The  British  loss  was  135,  of  whom  41 
were  killed. 

Lieutenant  Perry  (afterward  commodore)  was  born 


234  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

August,  1785,  and  therefore  had  just  passed  his  28th 
birthday.  In  Its  character  and  In  Its  consequences,  the 
battle  of  Lake  Erie  was  the  most  Important  victory  for 
the  American  arms  during  the  war.  Perry's  famous  dis- 
patch to  General  Harrison,  written  In  the  very  moment 
of  victory,  Is  immortal  In  our  naval  annals :  "We  have 
met  the  enemy  and  they  are  ours." 

By  the  20th  of  September  Harrison  found  himself 
in  command  of  fully  eleven  thousand  men  within  his 
department,  including  a  body  of  three  thousand 
mounted  men,  led  by  the  venerable  Governor  Shelby  of 
Kentucky,  a  veteran  of  the  Revolutionary  War.  On 
that  day  he  commenced  the  embarkation  of  the  army, 
and  by  the  24th  he  had  concentrated  his  force  at  Put- 
In-Bay  while  Colonel  R.  M.  Johnson  with  a  brigade 
of  mounted  men  was  moving  by  land  from  Fort  Meigs 
to  Detroit  by  Hull's  old  route.  On  the  26th  the  troops 
were  ferried  over  to  Sister's  Island,  nearly  half  way  to 
Maiden,  and  on  the  27th  the  army  set  out,  on  sixteen 
armed  vessels  and  more  than  a  hundred  boats,  and  the 
same  day  landed  on  Hartley's  point,  at  the  entrance  of 
Detroit  river.  Proctor,  who  was  in  command  at  Mai- 
den, made  haste  to  get  away  as  quickly  as  possible,* 
and  when  Harrison  and  his  army  entered,  the  same 
evening,  they  found  the  fort,  navy  yard  and  ware-houses 


*It  was  about  this  time  that  Tecumseh  made  a  famous  speech 
to  Proctor.  He  said  "At  the  battle  at  the  Rapids,  last  war, 
(Wayne's)  the  Americans  certainly  defeated  us,  and  when  we  re- 
turned to  our  father's  fort  at  that  place  we  found  the  gates  were 
shut  against  us.  We  were  afraid  it  would  now  be  the  case,  but  in- 
stead of  that  we  now  see  our  British  Father  preparing  to  march 
out  of  his  garrison."    Drake  189. 


MICHIGAN  AS  A  TERRITORY  235 

smoking  ruins.  On  the  29th  day  of  September,  18 13, 
Commodore  Perry  with  his  flotilla  reached  Detroit,  and 
Michigan  once  more  came  under  the  stars  and  stripes, 
and  on  the  same  day  Harrison  reached  Sandwich.  On 
the  30th  Colonel  Johnson  with  his  mounted  Kentucki- 
ans  arriv'ed  at  Detroit,  and  Harrison  proclaimed  Brit- 
ish martial  law  at  an  end,  and  American  civil  law  re- 
stored. 

On  October  ist  Colonel  Johnson  with  his  mounted 
brigade  crossed  into  Canada,  and  on  the  next  day  the 
pursuit  of  Proctor  was  commenced. 

Colonel  Lewis  Cass  (now  a  brigadier  in  the  army)  ac- 
companied Harrison  as  a  volunteer  aid.  Perry  with  his 
flotilla  conveyed  the  army-baggage,  provisions  and  am- 
munition wagons  to  a  point  on  the  Thames,  a  few  miles 
below  the  village  of  Chatham,  and  also  accompanied 
Harrison  as  his  volunteer  aid.  Harrison  had  learned 
from  deserters  that  Proctor  was  at  Dolsen's  with  about 
700  white  troops  and  1,200  Indians.  He  therefore 
pressed  the  pursuit  with  great  vigor. 

Drake  in  his  life  of  Tecumseh  says :  "The  retreat  was 
continued  toward  the  Thames.  On  the  2nd  of  October, 
when  the  army  had  reached  Dalson's  farm.  Proctor  and 
Tecumseh,  attended  by  a  small  guard,  returned  to  exam- 
ine the  ground  at  a  place  called  Chatham,  where  a  deep 
and  unfordable  creek  falls  into  the  Thames.  They  were 
riding  together  in  a  gig,  and  after  making  the  necessary 
examination,  the  ground  was  approved  of,  and  General 
Proctor  remarked  "upon  that  spot  they  would  defeat 
General  Harrison  or  there  lay  their  bones."     But  Proc- 


236     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

tor  Still  had  no  stomach  for  the  fight,  and  leaving  Te- 
cumseh  and  his  Indians  to  defend  the  passage  of  Mc- 
Gregor's creek,  he  continued  his  flight  up  the  Thames, 
and  took  up  position  on  the  north  side  of  the  river,  about 
two  or  three  miles  below  the  Moravian  town.  Here  he 
was  joined  by  Tecumseh  and  his  warriors,  who  had 
abandoned  the  position  at  McGregor's,  having  no  pur- 
pose to  fight  Proctor's  battles  for  him. 

Here  Harrison  overtook  him  on  October  5th,  and 
after  a  very  brief  action,  charging  with  Johnson's 
mounted  men,  completely  crushed  the  line  of  the  British 
and  Canadians,  who  quickly  threw  down,  their  arms  and 
surrendered.  The  Indians  fought  with  greater  obstin- 
acy and  courage  than  the  whites  until  Tecumseh  fell,* 
and  then  they  also  gave  way,  and  scattered  through  the 
woods  and  swamps.  Cut  off  from  British  supplies  and 
without  means  of  living,  forsaken  by  the  British  com- 
mander who'  had  ignominously  fled  at  the  beginning  of 
the  battle;  with  Tecumseh  dead,  and  faith  in  the 
Prophet  gone,  nothing  remained  for  the  Indians  but  to 
sue  for  peace  and  throw  themselves  upon  the  mercy  of 
the  Americans. 

Thfe  battle  of  the  Thames  completed  what  Perry's 
victory  on  Lake  Erie  had  so  splendidly  inaugurated, 


*There  were  reports  that  the  body  of  Tecumseh  was  shame- 
fully mutilated.  It  seems  probable  that  the  reports  were  only  too 
true.  Those  who  care  to  look  into  it,  can  find  it  discussed  in  Drake's 
final  chapter.  The  Moravian  town,  the  settlement  of  the  Christian 
Indians,  a  part  of  whom  were  located  on  Clinton  river,  on  the  pres- 
ent site  of  Mount  Clemens,  from  1782  to  1786,  was  burned  by  the 
American  soldiers,  the  day  following  the  battle,  the  excuse  being 
that  some  of  them  had  been  in  the  fight  at  River  Raisin  in  the  prev- 
ious January,  of  which  there  was  no  proof. 


MICHIGAN  AS  A  TERRITORY  237 

restored  Michigan  once  more  to  the  Union,  and  broke 
up,  once  for  all,  the  northwestern  Indian  confederation, 
and  gave  peace  to  the  Maumee  and  the  Wabash. 

Proctor  was  tried  and  convicted  by  a  court  martial 
and  suspended  from  rank  and  pay,  while  Harrison  and 
Perry  received  a  vote  of  thanks  and  a  gold  medal  from 
Congress  and  the  plaudits  of  their  grateful  country- 
men. 

There  still  remains  to  be  chronicled  one  further  oper- 
ation on  Michigan  territory  in  the  following  year,  and 
with  a  brief  record  thereof  we  will  pass  from  the  war 
period  of  territorial  history.  It  will  be  recalled  that 
five  days  after  General  Hull  crossed  the  Detroit,  that  is, 
on  July  17th,  18 12,  Lieutenant  Hanks*  had  surren- 
dered Michllimackinac  to  Major  Roberts  and  his  force 
of  British  and  Indians.  Up  to  midsummer  of  18 14  it 
had  remained  unmolested  in  the  hands  of  the  British, 
but  this  fact  was  rather  unimportant  to  the  Americans 
so  long  as  Detroit  continued  in  the  hands  of  the  enemy. 
But  when  by  the  battle  of  Lake  Erie  Detroit  had  been 
restored  to  American  control,  it  became  important  to 
retake  Michillmacklnac,  both  for  the  control  of  the 
straits  connecting  with  Lake  Michigan  and  Lake 
Superior,  and  also  for  its  influence  upon  the  Indian 
tribes  in  that  region. 

It  was  about  July  i,  18 14,  that  the  expedition  for 
the  recovery  of  Fort  Mackinac  left  Detroit,  the  land 
force  under  Lieutenant  Colonel  Croghan  of  Fort  Ste- 


♦Lieutenant  Hanks  was  killed  by  a  cannon  shot  in  the  bom- 
bardment of  Detroit,  Aug.  16,  1812. 


238  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

phenson  fame,  consisting  of  500  regulars  and  250 
militia,  and  a  small  fleet  of  five  craft  composed  mostly 
of  Perry's  old  Lake  Erie  fleet,  under  command  of  Cap- 
tain Sinclair.  On  arriving  at  Mackinac  island,  Croghan 
was  in  favor  of  landing  and  attacking  at  once.  But 
Commander  Sinclair  overruled  him,  and  sailed  away 
to  St.  Joseph  island  at  the  mouth  of  St.  Mary's  river, 
where  he  arrived  on  the  20th.  They  found  the  post 
abandoned  and  the  fort  destroyed. 

Major  Holmes  was  dispatched  to  Sault  Ste.  Marie  to 
destroy  the  post  of  the  British  Northwest  Company. 
On  arriving  there.  Major  Holmes  found  that  every- 
thing that  could  not  be  carried  away  had  been  destroyed, 
and  returned  to  St.  Joseph's.  Once  more  the  expedition 
sailed  to  Mackinac,  arriving  on  the  26th.  Meanwhile 
thie  place  had  been  greatly  strengthened  and  reinforced 
by  a  large  number  of  Indians  called  from  the  nearby 
tribes,  and  from  the  Green  Bay  country.  After  much 
hesitation  and  loss  of  time,  the  landing  was  made  at  the 
extreme  north  end  of  the  island,  two  and  a  half  miles 
from  the  fort,  the  intervening  distance  being  mostly  cov- 
ered with  a  dense  growth  of  cedars  and  hemlocks  almost 
impervious  to  troops.  The  advance  continued,  prac- 
tically without  opposition,  until  one-half  the  distance 
to  the  fort  had  been  covered,  when,  on.  emerging  from 
the  thicket  into  a  cleared  farm,  they  were  met  with  a 
heavy  fire  of  musketry  and  artillery.  Major  Holmes, 
who  was  leading  the  attack,  fell  almost  immediately, 
and  the  loss  in  killed  and  wounded  among  the  men  was 
severe.     Croghan  saw  at  once  that  it  was  impossible  to 


MICHIGAN  AS  A   TERRITORY  239 

reach  the  fort,  or  to  carr\'  it  by  assault  if  reached,  and 
retreated  to  his  boats,  and  the  fleet  sailed  away  to 
Detroit,  leaving  the  two  schooners  Tigress  and  Scorpion 
to  blockade  Mackinac,  but  they  were  not  long  afterward 
both  captured  by  surprise  with  all  their  officers  and 
crews. 

This  concluded  the  war  so  far  as  the  territory  of 
Michigan  and  its  immediate  frontier  was  concerned, 
and  Mackinac  remained  in  the  hands  of  the  British  until 
surrendered  under  the  treaty  of  Ghent,  in  the  following 
year. 


IT-16 


CHAPTER  XVII 
The  Treaty  of  Ghent — After  the  War 


THE  treaty  of  peace  and  amity  which  closed 
the  War  of  1 8 12-15,  was  signed  at  the 
city  of  Ghent,  Netherlands  (now  Bel- 
gium) December  24,  18 14;  but  it  did 
not  reach  New  York  until  February  1 1, 
18  15,  and  in  the  meantime  the  battle  of  New  Orleans 
had  been  fought  and  won.  The  treaty  was  ratified  by 
the  unanimous  vote  of  the  senate  on  February  17th, 
and  proclaimed  by  President  Madison  the  next  day.  If 
the  administration  had  gone  into  the  war  with  great 
confidence,  it  got  out  with  still  greater  unanimity. 

The  peace  was  especially  grateful  to  Michigan,  not 
only  as  a  frontier  territory,  but  because  it  brought  quiet 
within  her  borders  with  the  Indian  tribes.  It  has  been 
already  remarked  that  the  Michigan  tribes,  the  Ottawas, 
Chippewas  and  Pottawatamies  did  not,  as  tribes,  follow 
Tecumseh  in  his  devotion  to  the  British  cause.  But 
he  gathered  the  discontented  and  the  ambitious  who  had 
a  desire  to  distinguish  themselves  as  warriors,  out  of 
many  tribes,  probably  more  or  less  from  every  tribe. 

After  the  defeat  at  the  Thames  most  of  them  made 
an  armistice  with  General  Harrison,  compelled  thereto 
by  their  necessities.  General  Harrison  caused  rations 
to  be  issued  to  thteir  starving  women  and  children  and  at 
last  they  became  convinced  that  their  "British  Father," 
across  the  water,  could  no  longer  protect  and  feed  them, 
but  it  was  long  after  this  before  British  officials  and 
agents  ceased  to  cultivate  the  Michigan  Indians  by 
means  of  the  distribution  of  presents  and  annuities. 
Indeed  when  the  commissioners  assembled  at  Ghent 

243 


244     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

to  formulate  the  treaty  of  peace,  the  very  first  demand 
of  the  British  commissioners  was  that  we  should  set 
apart  for  the  Indians  the  vast  territory  comprising  the 
states  of  Michigan  and  Wisconsin  and  a  large  part  of 
Illinois,  Indiana  and  Ohio,  as  an  Indian  Reserve  or 
Sovereignty,  under  British  guaranty,  and  bind  ourselves 
never  to  purchase  it  from  them.  The  American  com- 
missioners indignantly  rejected  the  suggestion,  and  pro- 
posed to  return  home.* 

Immediately  after  the  battle  of  the  Thames,  General 
Harrison  returned  to  Detroit  with  his  ald-de-camp, 
General  Cass,  and  installed  him  as  military  governor 
of  Michigan,  with  his  brigade  as  garrison. 

On  October  29,  18 13,  General  Cass  was  appointed 
by  the  President,  civil  governor  of  the  Territory  of 
Michigan,  to  which  he  was  re-appointed  In  18 17,  1820, 
1822,  1825  and  1828,  and  until  August  i,  1831,  when 
he  resigned  the  office  of  governor,  to  accept  that  of 
secretary  of  war  In  the  cabinet  of  President  Andrew 
Jackson. 

General  Harrison  was  ordered  to  the  Niagara  front- 
ier and  from  there  to  Sackett's  Harbor,  near  the  foot 
of  Lake  Ontario,  and  thence  was  given  leave  to  return 
to  Ohio.  A  want  of  understanding  having  arisen 
betweeen  the  general  and  the  secretary  of  war,  (Arm- 
strong), on  May  11,  18 14,  he  tendered  the  resignation 
of  his  commission  as  major  general  in  the  United  States 
Army,  and  ended  his  military  career. 


♦President  James  B.  Angcll,  address  at  Detroit,  July  11,  1896. 


MICHIGAN  AS  A  TERRITORY  245 

The  next  year  he  was  appointed  commissioner  to 
negotiate  treaties  with  the  northwestern  tribes,  in  which 
capacity  we  shall  presently  meet  him  again. 

The  war  was  over,  so  far  as  Michigan  was  directly 
concerned,  but  not  the  effects  of  the  war.* 

The  towns — and  especially  Detroit — swarmed  with 
homeless,  half-starved  savages;  their  towns  on  the 
Maumee,  the  Miami,  the  Wabash,  the  St.  Mary  and 
the  St.  Joseph  had  been  destroyed,  and  they,  abandoned 
by  their  late  allies,  were  a  constant  source  of  terror 
and  anxiety  to  isolated  settlers  and  an  ever  present 
obstacle  to  emigration  to  the  Peninsula. 

To  improve  this  condition  of  affairs  was  one  of  the 
first  cares  of  General  Harrison  as  Indian  commissioner 
and  of  General  Cass  as  civil  governor  of  Michigan  Ter- 
ritory. 

On  the  8th  day  of  September,  1815,  a  treaty  was 
signed  at  Spring  Wellsf  (near  Detroit)  by  William 
Henry  Harrison,  Duncan  McArthur  and  John  Graham, 
commissioners  on  the  part  of  the  United  States,  and 
the  Wyandot,  Delaware,  Seneca,  Shawanese,  Miami, 
Chippewa.  Ottawa  and  Pottawatamie  nations,  by  their 
sachems,  chiefs  and  warriors,  to  the  following  effect: 

Art.  I.    The  United  States  give  peace  to  the  Ottawa,  Chippewa 
and  Pottawatamie  tribes. 


*McLaughlin  in  his  life  of  Cass  says:  "The  French  'habitants' 
had  been  pillaged  of  all  movable  property,  beside,  many  Indians 
separated  from  their  British  alHes,  were  dependent  upon  the  hu- 
manity of  the  whites  to  keep  them  from  starvation.  ♦  *  *  When 
the  Indians  were  not  begging  they  were  plundering,  murdering  and 
scalping." 

t  In  more  recent  times  written  Springwells. 


246     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

Art.  2.  The  United  States  restore  the  rights,  privileges,  etc., 
they  had  before  the  beginning  of  the  late  war,  and  said  tribes  agree 
to  place  themselves  under  the  protection  of  the  United  States  and 
of  no  other  power. 

Art.  3.  In  consideration  of  the  fidelity  of  the  Wyandot,  Dela- 
ware, Seneca  and  Shawanese  tribes  through  the  late  war,  and  the 
repentance  of  the  Rliamies,  the  United  States  agree  to  pardon  such 
of  the  chiefs  and  warriors  as  have  continued  hostilities  against 
them  until  the  close  of  the  war,  and  permit  the  chiefs  of  their  tribes 
to  restore  them  to  the  stations  and  properties  they  held  before  the 
war. 

Art.  4.  The  said  tribes — that  is,  the  Wyandot,  Delaware, 
Seneca,  Shawanese,  Miamies,  Chippewa,  Ottawa  and  Pottawatamie 
— agree  to  renew  and  confirm  the  treaty  made  at  Greenville  in  the 
year  1795,  and  all  the  subsequent  treaties  to  which  they  were  parties, 
and  the  same  are  hereby  again  ratified  and  confirmed  in  as  full  a 
manner  as  if  inserted  in  this  treaty.* 

Signed  by  the  Commissioners  and  by  the  Indian  chiefs. 

Two  years  later,  on  September  29,  18 17,  Governor 
Lewis  Cass  and  General  Duncan  McArthur  as  commis- 
sioners on  the  part  of  the  United  States,  concluded  a  new 
treaty  at  Maumee  Rapids,  with  the  Wyandots,  Ottawas, 
Chippewas  and  Pottawatamies,  by  which  the  Wyan- 
dots ceded  lands  on  the  Maumee  and  the  Auglaize, 
and  the  Ottawas,  Chippewas  and  Pottawatamies 
ceded  their  lands,  beginning  where  the  west  line  of 
Ohio  crosses  the  Miami  of  the  lake,  and  including  in 
the  description  all  their  lands  up  to  that  before  ceded 
by  the  treaty  of  Detroit   (Brownstown)   in  1807. 

The  treaty  is  a  very  long  one,  of  much  detail,  and 
making  a  large  number  of  particular  reservations  for 
individuals. t 


*VI  American  State  Papers  p.  12. 
VI  American  State  Papers  p.  131. 


MICHIGAN  AS  A  TERRITORY  247 

By  the  treaty  of  Saginaw,  made  at  Saginaw  (Sagana) 
September  24,  18 19,  by  Lewis  Cass,  commissioner  on 
the  part  of  the  United  States,  and  the  Chippewa  nation, 
the  latter  ceded  to  the  United  States  all  the  land  com- 
prehended within  the  following  lines  and  boundaries. 
Beginning  at  a  point  on  the  present  Indian  boundary 
(corresponding  to  the  north  and  south  line  between  Clin- 
ton and  Shiawasse  counties)  six  miles  south  of  the 
intersection  of  the  "base  line,"  so-called,  thence  west 
sixty  miles,  thence  in  a  direct  line  to  the  head  of  Thun- 
der Bay  river,  thence  down  the  same  to  its  mouth,  thence 
northeast  to  the  national  boundary,  thence  along  the 
same  to  the  line  established  by  the  treaty  of  Detroit  in 
the  year  1807,  thence  with  said  line  to  the  place  of 
beginning.* 

This  extinguished  the  Indian  title  to  the  lands  lying 
within  sixty  miles  west  of  the  Hull  treaty  line,  and 
thence  north  to  the  headwaters  of  the  Thunder  Bay 
river,  being  roughly  indicated  as  the  country  lying  east 
of  the  line  of  the  Grand  Rapids  and  Indiana  railroad, 
and  north  of  Kalamazoo. 

By  the  treaty  of  Chicago,  signed  August  29,  1821, 
by  Lewis  Cass  and  Solomon  Sibley,  commissioners  for 
the  United  States  and  the  Ottawa,  Chippewa  and  Pot- 
tawatamie  nations,  those  tribes  ceded  to  the  United 
States  all  the  remaining  lands  in  the  Peninsula  lying 
south  of  Grand  river,   except  a   part  of  what  is  now 


*VI  American  State  Papers  p.  194. 


248  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

Berrien  county,  lying  west  of  the  St.  Joseph  river,* 
which  remained  the  reservation  of  the  "Pottawatamies 
of  the  St.  Joseph,"  for  many  years  thereafter. 

The  Indian  title  to  the  remaining  strip  of  the  Penin- 
sula, along  the  east  shore  of  Lake  Michigan,  remained 
unextinguished  during  the  territorial  period. 

The  treaty  of  Sault  Ste.  Marie  negotiated  by  Gover- 
nor Cass  as  commissioner,  June  16,  1820,  with  the 
Chippewa  nation  cedes  to  the  United  States  16  square 
miles  beginning  at  the  Big  Rock  in  the  River  St.  Mary 
on  the  boundary,  thence  down  river  with  the  middle 
thereof  to  Little  Rapids,  and  extending  back  from  those 
points  for  quantity;  the  Indians  reserving  a  perpetual 
right  to  fish  and  camp  thereon.  This  was  the  first, 
and,  so  far  as  we  have  discovered,  the  only  cession  of 
Indian  lands  in  the  Upper  Peninsula,  during  the  terri- 
torial period,  and  with  the  other  treaties  before  noted, 
practically  "cleared  the  decks"  for  the  white  settle- 
ment, and  closed  the  long  struggle,  beginning  with  the 
Revolutionary  War,  for  a  clear  and  undisputed  title  in 
the  United  States.  It  had  involved  two  long  and 
exhausting  wars  with  Great  Britain,  and  two  long  and 
equally  bloody  wars  with  the  Indian  tribes,  as  well  as  an 
equally  long  and  critical,  though  bloodless,  contest  with 
the  Atlantic  states,  claiming  title  to  the  northwest  under 
ancient  royal  charters. 

The  treaty  of  Ghent  had  brought  comparative  peace 
and  quiet  to  Michigan  from  the  long  harrassment  of 


*VI  American  State  Papers. 


MICHIGAN  AS  A  TERRITORY         249 

British  and  Indian  foes;    but  it  took  some  years  for 
prosperity  to  follow  in  their  train. 

Hitherto  the  presence  of  the  Indian  tribes  and  the 
practical  impossibility  of  securing  a  good  and  clear  title 
to  the  lands  had  been  a  great  obstacle  to  immigration 
to  Michigan;  but  now  just  when  these  had  been  in  a 
great  degree  removed,  another  obstacle  arose  in  a  most 
unexpected  quarter,  to  which  we  will  refer  more  at 
length  in  the  next  chapter. 


CHAPTER  XVIII 
Military  Bounty  Lands  Located  in  Michigan 


ON  May  6,  1812,  there  had  been  approved 
an  Act  of  Congress  "to  provide  for 
designating,  surveying  and  granting  mil- 
itary bounty  lands,"  for  the  benefit  of 
soldiers  who  should  enlist  In  the  war  then 
about  tO'  commence.* 

This  act  provided  for  the  survey  of  six  millions  of 
acres  of  military  bounty  lands,  of  which  two  millions  of 
acres  were  to  be  located  and  surveyed  in  the  Territory  of 
Louisiana,  two  millions  of  acres  In  the  Territory  of 
Illinois,  and  two  millions  of  acres  in  the  Territory  of 
Michigan.  As  this  act  had  a  curious  subsequent  his- 
tory as  related  to  Michigan,  it  will  be  well  to  refer  to 
it  further  at  this  time.  The  act  itself  described  the 
lands  to  be  surveyed  as  "lands  fit  for  cultivation." 

By  an  act  of  Congress  approved  April  29,  18 16, 
entitled  "An  act  to  authorize  the  survey  of  two  millions 
of  acres  of  public  lands  in  lieu  of  that  quantity  hereto- 
fore authorized  to  be  surveyed  In  the  Territory  of 
Michigan  as  Military  Bounty  lands,"  that  part  of  the 
act  of  May  6,  18 12,  which  provided  for  the  survey  of 
two  million  acres  of  said  lands  in  the  Territory  of  Mich- 
igan was  repealed,  and  the  survey  of  1,500,000  addi- 
tional acres  authorized  In  the  Territory  of  Illinois,  and 
500,000  acres  thereof  in  the  Territory  of  Missouri, f 
In  this  latter  act,  no  reason  is  given  for  the  change  in 
location ;  but  It  was  based  upon  an  official  report  of  the 
surveyor  general  of  the  state  of  Ohio,  Edward  Tiffin, 


*24  Annals  of  Congress  2202. 
t'29  Annals  of  Congress  1900. 


253 


254  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

who  had  been  entrusted  by  the  commissioner  of  the 
general  land  office  with  the  making  of  an  examination 
of  the  military  bounty  lands  in  the  territory  of  Michi- 
gan. The  report  is  dated  at  Chilicothe,  Ohio,  (the 
then  capital)   November  30,   18 15. 

It  would  be  a  most  interesting  document  to  embody 
here,  but  it  is  long,  and  one  or  two  brief  extracts  must 
suffice  to  show  its  character. 

The  report  begins  thus :  "Description  of  the  military 
land  in  Michigan.  The  country  on  the  Indian  boundary 
from  the  mouth  of  the  Great  Au  Glaize  river,  and 
running  thence  for  about  fifty  miles,  is  (with  some  few 
exceptions)  low,  wet  land,  with  a  very  thick  growth  of 
underbrush,  intermixed  with  very  bad  marshes,  but 
generally  heavily  timbered  with  beech,  cottonwood,  oak, 
etc.,  thence  continuing  north  and  extending  from  the 
Indian  boundary  eastward  the  number  and  extent  of 
swamps  increases,  with  the  addition  of  numbers  of  lakes 
from  twenty  chains  to  two  and  three  miles  across." 
After  much  more  labored  and  depressing  description  he 
says:  "It  is  with  the  utmost  difficulty  that  a  place  can 
be  found  over  which  horses  can  be  conveyed."  He 
concludes  this  remarkable  report  as  follows :  "Tak- 
ing the  country  altogether  so  far  as  it  has  been  explored, 
and  to  all  appearances,  together  with  the  information 
received  in  regard  to  the  balance,  it  is  so  bad  there 
would  not  be  more  than  one  acre  out  of  one  hundred, 
if  there  would  be  more  than  one  out  of  one  thousand, 
that  would  in  any  case  admit  of  cultivation"  As  all 
the  military  lands  were  to  be  "fit  for  cultivation"  of 


MICHIGAN  AS  A  TERRITORY  255 

course  there  was  nothing  for  Congress  to  do  but  to 
repeal  the  act  authorizing  the  location  of  a  part  of  the 
lands  in  theTerritory  of  Michigan,  and  to  re-locate  them 
in  the  high,  dry  and  salubrious  regions  of  Missouri. 

This  curious  and  long-forgotten  incident  will  bring 
a  smile,  perhaps  of  incredulity,  to  the  faces  of  thou- 
sands of  people,  should  it  ever  meet  their  eye,  now 
dwelling  on  the  magnificent  farms  in  the  southern  tier 
of  counties  of  Michigan,  and  they  will  wonder  whether 
the  Ohio  surveyor  general  ever  saw  Michigan  at  all,  and 
whether  he  did  not  get  lost  in  the  swamps  of  the  great 
Auglaize  or  the  Maumee. 

It  seems  most  reasonable  to  believe  that  the  region 
his  agents  and  surveyors  really  saw  was  in  Ohio,  or  if  in 
Michigan,  it  was  in  that  part  which  Ohio  subsequently 
wrested  from  the  territory  before  it  was  admitted  to 
the  Union  as  a  state. 

But  the  report  of  the  surveyor  general  had  gone  to  the 
general  land  office,  and  thence  it  had  gone  to  Congress, 
where  it  became  officially  known  that  "not  one  acre  in 
one  hundred,  if  there  would  be  more  than  one  out  of  one 
thousand"  of  the  land  in  Michigan  was  fit  for  cultiva- 
tion, insomuch  that  it  was  made  the  basis  for  the  repeal 
of  the  act  for  the  location  of  the  bounty  lands. 

The  fame  of  the  "great  dismal  swamp"  of  Michigan 
went  abroad  and  it  soon  turned  aside  the  tide  of  immi- 
gration, which  passed  by  her  doors  to  other  and  less  de- 
sirable localities. 

In  18 18,  one  William  Darby  made  a  "tour"  to  De- 
troit, and  on  August  14th,  he  wrote  from  that  city  thus: 

II  IT 


256     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

"Though  the  soil  Is  good  in  general,  some  of  it  excellent, 
and  all  parts  well  situated  for  agriculture  and  commerce 
some  causes  have  hitherto  operated  to  prevent  any  ser- 
ious immigration  to  Michigan  Territory. 

For  upward  of  a  month  I  have  been  traveling  between 
this  city  and  Geneva  in  the  State  of  New  York,  and  I 
have  seen  hundreds  removing  to  the  west,  but  not  one  in 
fifty  with  the  intention  of  settling  in  Michigan  Territory. 
By  the  census  of  18 10  the  inhabitants  there  were  4,762. 

Since  1 8 10  no  increment  has  been  added  of  conse- 
quence to  the  mass,  except  that  of  natural  increase.  The 
city  of  Detroit  contains  (1818)  at  least  1,200  people."* 

It  is  not  strange  that  immigrants  were  not  rushing  to 
Michigan,  when  a  high  official  of  Ohio  had  reported, 
and  the  Congress  of  the  United  States  had  accepted  the 
theory,  that  not  one  acre  in  a  hundred  was  "fit  for  culti- 
vation."f 

The  period  from  1815  to  1819  was  a  period  of 
depression  and  stagnation.  Not  only  was  the  Ohio 
report  and  the  action  of  Congress  against  the  territory, 
but  it  had  been  left  prostrate  by  the  war,  and  here  a 
further  extract  from  "Darby's  Tour"  will  be  Instructive. 
He  says  (p.  199)  "The  ancient  settlements  were  formed 
along  the  water  courses,  and  continue  to  be  in  most  part 
the  only  establishments  yet  made  In  the  territory," 

There  were  no  roads  in  the  territory,  save  the  one 
from  Maumee  Rapids  to  Detroit,  by  which  the  armies 


^Darby's  Tour  200. 

tEdward  Tiffin,  the  surveyor  general  who  made  the  report  had 
been  president  of  the  convention  which  framed  the  State  constitution 
of  Ohio,  and  first  governor  of  the  state. 


MICHIGAN  AS  A  TERRITORY  257 

had  come  and  gone.  It  will  be  remembered  that  when, 
in  18 12,  Colonels  McArthur  and  Cass  attempted  to  find 
a  back  route  by  which  to  get  from  Detroit  to  French- 
town,  they  utterly  failed.  Since  18 12  no  progress  had 
been  made  in  road-building.  The  people  had  been  oth- 
erwise engaged ;  and  no  one  dared  to  settle  in  the  inte- 
rior for  fear  of  the  Indians,  so  there  was  as  yet  no 
use  for  roads  into  the  interior.  A  road  extended 
northeasterly  up  Detroit  river  and  along  Lake  St.  Clair 
and  river,  certainly  as  far  as  the  Clinton  river,  and  prob- 
ably as  far  as  the  present  site  of  St.  Clair. 

The  population  was  still  mostly  of  the  old  French 
"habitant"  type,  careless,  thriftless,  easy-going  and 
highly  convivial.  Their  houses  and  small  farms  and 
gardens  occupied  the  most  eligible  sites  from  French- 
town  to  Lake  St.  Clair.  And  in  this  connection  it  will 
be  of  interest  to  quote  from  Darby's  Tour  a  picture  of 
conditions  in  18 18,  when  the  devastation  of  the  war  had 
been  somewhat  repaired.  He  says  (p.  190)  "Detroit 
is  now  a  place  of  extensive  commerce  with  all  the  attri- 
butes of  a  seaport.  *  *  *  'phg  resident  society 
of  Detroit  has  all  the  exterior  features  of  a  flourishing 
and  cultivated  community,  as  much  so,  equivalent  to 
numbers,  as  any  city  of  the  United  States."  The  fol- 
lowing is  a  picture  of  Detroit  river.  "In  coming  up  the 
strait,  when  the  woods  of  Grosse  Isle  are  cleared,  both 
shores  exhibit  a  line  of  farm  houses,  interspersed  with 
orchards  and  gardens.  The  settlements  on  the  United 
States  side  continue  up  the  rivers  Ecorces  and  Rouge, 
which    together   with    those    along   the    strait   present 


258  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

a  country  in  a  high  state  of  culture.  Farm  follows 
farm  on  both  banks,  which  with  the  houses,  windmills 
and  vessels  on  the  strait  afford  a  fine  picture  of  agricul- 
tural and  commercial  prosperity."  This  is  a  rather 
attractive  picture,  but  it  is  a  picture  drawn  from  the 
deck  of  a  vessel  sailing  up  the  river,  and,  moreover  a 
picture  of  all  that  was  attractive  in  Michigan  at  that 
time. 

In  an  address  delivered  before  the  Historical  Society 
of  Michigan  at  its  annual  meeting  in  1832,  John  Bid- 
die,  who  was  the  delegate  in  Congress  from  theTerritory 
of  Michigan  in  the  21st  Congress  (i829-'3i)  said: 
"As  an  American  community,  founding  its  prosperity 
upon  the  permanent  resources  of  its  own  industry,  Mich- 
igan may  date  its  origin  from  the  year  1818,  and  if  the 
original  forest  had  then  covered  the  shores  of  the 
Detroit  river,  there  are  grounds,  at  least  plausible,  for 
the  supposition  that  they  might  at  this  moment  have 
exhibited  a  higher  degree  of  improvement  than  that 
which  we  now  witness."* 

His  idea  seems  to  be  that  the  settlements  of  the 
French  habitants,  absorbing  as  they  did  the  best  part 
of  the  most  accessible  lands  on  the  river  front,  had  been 
a  real  obstacle  to  the  settlement  of  the  more  thrifty  and 
enterprising  American  emigrant  from  the  east. 

But  very  important  changes,  both  political  and  indus- 
trial were  now  transpiring  or  close  at  hand,  which  would 
overcome  the  incubus  of  the  Ohio  surveyor's  report,  the 
lack  of  communication  with  the  east,   the   absence  of 


*Historical  Sketches  163. 


MICHIGAN  AS  A  TERRITORY  259 

roads  to  the  interior,  and  the  apathy  of  the  old  French 
population.      Some   of   these  will  now   be   mentioned. 

On  February  21,  18 10,  Peter  B.  Porter,  a  represen- 
tative from  the  state  of  New  York  (afterward  Major 
General  in  the  War  of  18 12)  presented  to  Congress  a 
petition  from  citizens  of  the  Territory  of  Michigan, 
praying  that  they  be  allowed  to  send  a  delegate  to  Con- 
gress. It  was  ordered  to  lie  on  the  table.*  This  was 
the  first  attempt  at  representation  in  Congress,  made  in 
the  territory. 

By  an  act  of  Congress  approved  April  19,  18 16, 
Indiana  territory  was  authorized  to  form  a  state  con- 
stitution and  organize  a  state  gov^ernment,  and  on 
December  iith,  following,  she  was  admitted  into  the 
Union  of  states  on  an  equality  with  the  original  states. 
By  her  constitution,  and  by  the  act  of  Congress  admit- 
ting her,  the  northern  boundary  was  fixed  ten  miles 
north  of  the  southern  boundary  of  the  Territory  of 
Michigan,  thus  cutting  off  from  Michigan  a  strip  ten 
miles  wide  from  Lake  Michigan  to  the  west  line  of  Ohio, 
in  violation  of  the  ordinance  of  1787,  and  of  the  act 
fixing  the  boundary  of  the  Territory  of  Michigan  Jan- 
uary II,  1805.  But  Michigan  was  at  that  time  unrep- 
resented and  could  make  no  effectual  protest. 

In  the  fifteenth  Congress — 18  17-18  19 — Illinois  and 
Mississippi  had  been  admitted  as  states  into  the  Union, 
giving  to  each  of  them  two  senators  and  a  representa- 
tive in  Congress.  The  senators  from  Illinois  took  their 
seats  December  4,  1 8  1 8,  and  upon  the  admission  of  that 


*2i  Annals  of  Congress  1428. 


26o  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

State,  her  noth'ern  boundary  was  fixed  at  latitude  42 
degrees  and  30  minutes  north,  the  southern  extreme 
of  Lake  Michigan  being  in  41  degrees  37  minutes,  so 
that  the  ordinance  line  was  moved  almost  a  degree 
northward  in  order  to  give  Illinois  a  wide  frontage  on 
Lake  Michigan,  as  the  Indiana  line  had  been  moved  to 
give  that  state  a  port  on  that  lake.  On  the  admission 
of  Illinois  (December  3,  18 18),  all  that  was  left  of 
the  old  Northwest  Territory,  embracing  Michigan, 
Wisconsin  and  Minnesota  east  of  the  Mississippi  became 
Michigan  Territory,  and  so  remained  until  the  organi- 
zation of  Wisconsin  Territory  April  20,  1836,  and 
the  Northwest  Territory  disappeared  from  the  map. 

In  18 18,  the  Indian  title  having  been  extinguished 
over  a  large  part  of  the  Peninsula,  and  there  being 
some  indications  of  a  tendency  of  immigration  thereto, 
the  first  land  office  in  the  territory  was  opened  at 
Detroit.  This  was  an  epoch,  for  now,  for  the  first  time, 
settlers  could  acquire  lands  outside  the  old  French  and 
British  grants  along  the  Detroit  river. 

But  a  more  important  epoch  was  at  hand,  for  on 
February  16,  18 19,  was  approved  an  act  of  Congress, 
entitled  "an  act  authorizing  the  election  of  a  delegate 
from  Michigan  territory  to  the  Congress  of  the  United 
States,  and  extending  right  of  swjfrage  to  the  citizens  of 
said  territory."*  It  is  difficult  to  realize  that  until  that 
time  there  had  been  no  right  of  sufi[rage  in  Michigan, 
except  there  may  have  been  a  polling  place  at  Detroit 
for  the  election  of  a  delegate  to  the  first  or  second  gen- 


*34  Annals  of  Congress  2479. 


MICHIGAN  AS  A  TERRITORY  26 1 

eral  assembly  of  the  Northwest  Territory  in  1798, 
1799  and  1800. 

Under  this  act  Michigan  territory  proceeded  to  elect 
a  delegate  in  Congress,  and  the  election  resulted  in  the 
choice  of  William  Woodbridge,  the  secretary  of  the 
territory.  Delegate  Woodbridge  took  his  seat  in  the 
House  December  10,  18 19;  but  a  search  of  the  Annals 
of  Congress  does  not  disclose  any  subsequent  mention  of 
his  name,  nor  do  we  find  any  measure  introduced  in  his 
name  or  for  him,  or  the  record  of  any  speech  made  by 
him.  The  entire  record  in  the  Annals  is  that  "Decem- 
ber 10,  1 8 19,  W.  W.  Woodbridge  appeared,  produced 
his  credentials  and  qualified  and  took  his  seat  as  the  dele- 
gate from  the  Territory  of  Michigan."*  William  Wood- 
bridge  the  first  man  to  represent  Michigan  in  the 
National  Congress,  was  a  native  of  Connecticut,  where 
he  was  a  lawyer.  He  came  to  Michigan  as  its  secretary, 
in   1 8 15,  from  Ohio. 

Mr.  Woodbridge  was  subsequently  governor  and 
United  States  senator  from  1840  to  1847.  Delegate 
Woodbridge  resigned  in  1820,  and  was  succeeded  by 
Solomon  Sibley  of  Detroit  in  the  session  of  Congress 
which  assembled  November  13,  1820. 

Solomon  Sibley  who  succeeded  Mr.  Woodbridge  in 
the  sixteenth  and  seventeenth  Congresses  was  a  native 
of  Massachusetts,  whence  he  migrated  to  Marietta, 
Ohio,  from  which  place  he  removed  to  Detroit  soon 
after  the  British  surrendered  that  post,  and  is  said  to 
have  been  the  first  permanent  American  settler  there. 

*35  Annals  712. 


262      MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

After  the  expiration  of  his  term  as  delegate,  he  was 
appointed  judge  of  the  Supreme  Court  of  the  territory 
which  office  he  continued  to  hold  as  long  as  Michigan 
remained  a  territory. 


CHAPTER  XIX 

Advantages  From  War  of  i  8  i  2 


Two  great  advantages  to  Michigan 
resulted  from  the  War  of  1812.  First, 
it  brought  about  the  construction  of 
three  passable  roads  connecting  Detroit 
with  the  valley  of  the  Ohio,  and  thence 
with  the  East,  namely :  the  eastern  route  to  Lower  San- 
dusky (Fremont)  and  thence  through  "the  great  black 
swamp,"  over  fifteen  miles  of  "corduroy"  to  the  Rapids 
of  the  Maumee;  the  middle  route,  being  Hull's  road 
from  Urbana  by  Findlay  to  the  same  point;  and  third, 
the  western  route,  the  same  used  by  General  Wayne  in 
1794,  and  by  Harrison  and  Clay  in  18 13,  via  Fort 
Recovery  and  Greenville  _to  Defiance,  and  thence  down 
the  Maumee  to  the  Rapids,  where  was  then  the  Michi- 
gan boundary.  While  there  were  none  of  them  that 
could  be  called  good,  the  eastern  and  western  routes 
afforded  considerable  tiver  transportation  and  were 
supplemented  at  Sandusky  and  the  Maumee  Rapids 
respectively,  by  water  routes  to  Detroit.  Michigan  was 
no  longer  shut  off  from  civilization  by  two  hundred 
miles  of  unbroken  wilderness. 

The  other  advantage  was  that  many  thousands  of 
soldiers;  regulars,  volunteers  and  militia,  a  great  many 
from  Ohio  and  Kentucky,  and  others  from  Pennsyl- 
vania, and  even  from  faraway  Virginia,  had  come  with 
Hull  and  with  Harrison,  had  looked  upon  the  majestic 
Detroit  with  its  beautiful  islands,  had  noted  the  farms 
stretched  along  the  Michigan  shore,  with  their  fruit- 
ful orchards  and  white  paled  gardens;  and  had  seen 
the  beautiful  Raisin  with  its  vine-clad  banks,  and  the 

265 


2  66     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

clear  Huron,  and  the  deep  flowing  Rouge,  gliding  down 
from  the  deep-wooded  interior,  hinting  of  possible 
water-falls  and  sites  for  flouring  and  saw-mills,  and 
eligible  locations  for  villages  and  towns.  They  had 
gone  back  with  the  report  that  Michigan  was  not  one 
boundless  morass,  across  which  it  would  be  impossible 
to  "convey"  a  horse,  and  of  which  not  one  acre  in  a 
hundred  would  be  "fit  for  cultivation."  One  other  thing 
it  had  done.  It  had  left  as  governor  of  the  territory 
a  young  man,  only  a  little  past  thirty — of  New  England 
birth  and  ideals — active,  energetic,  enterprising  and 
ambitious  to  overcome  the  "hoodoo"  on  the  Territory, 
and  make  it  in  fact,  as  well  as  in  name,  an  American 
commonwealth.  The  effect  of  the  Ohio  report  must  be 
overcome ;  the  old  French  population  must,  if  possible, 
be  drawn  into  the  current  of  American  life,  and  the  tide 
of  immigration  turned  toward  Michigan.  From  1815 
to  1830  the  personal  influence  of  Governor  Cass,  in  the 
Territory,  with  the  government  at  Washington,  and  in 
the  country  at  large,  was  a  most  powerful  element  in  the 
life  of  Michigan.  It  may  almost  be  said  that  the  his- 
tory of  his  life  is  the  history'  of  the  territory  until  1830. 
A  momentous  event  was  at  hand.  It  was  the  advent 
of  the  steamboat  on  the  lakes.  In  18 17  a  steamer  had 
appeared  on  Lake  Ontario,  and  on  May  28,  18 18,  the 
"Walk-in-the-JVater^' — the  first  steamboat  that  ever 
floated  above  the  falls  of  Niagara— was  launched  at 
Black  Rock  on  the  Niagara  river.  Much  trouble  was 
experienced  in  getting  her  into  the  waters  of  Lake 
Erie,  but  on  August  27,  18 18,  she  reached  Detroit,  and 


MICHIGAN  AS  A  TERRITORY  267 

inaugurated  a  new  era  for  Michigan.  She  continued  to 
run  with  as  much  regularity  as  possible  between  Detroit 
and  Buffalo  until  she  went  ashore  in  a  storm  in  the  fall 
of  1 82 1.*  She  was  succeeded  by  the  Superior  and  by 
others  in  quick  succession,  until,  before  the  close  of  the 
territorial  period  they  were  landing  a  thousand  passen- 
gers daily  at  Detroit  and  other  ports,  for  Michigan  ter- 
ritory. Everything  was  awakening  from  the  long 
lethargy  of  the  French  period,  and  reviving  from  the 
destruction  and  desolation  of  the  war.  The  land  ofnce 
was  open.  The  public  surveys  were  being  pushed. 
Excellent  lands  were  being  offered  on  the  banks  of  the 
Raisin,  the  Huron,  the  Rouge  and  the  Clinton  for  a 
nominal  price.  In  1820  the  census  showed  a  white  pop- 
ulation of  8,591  and  Detroit  numbered  1,415.  The 
American  influence  was  becoming  constantly  more  and 
more  dominant.  The  British  loyalists  had  mostly  moved 
into  Canada. 

In  1 8 17  the  newspaper  came  to  stay,  as  represented 
in  the  Detroit  Gazette.  This,  though  the  first  nezvs- 
paper,  was  not  the  first  periodical  printed  in  Michigan. 
As  early  as  August,  1809,  Father  Gabriel  Richard,  the 
Roman  Catholic  priest  of  the  parish  of  St.  Ann,  com- 
menced the  publication,  partly  in  the  French  language, 
of  a  small  sheet  devoted  to  religious,  literary  and  miscel- 
laneous topics,  which  he  called  the  "Essay."  Those 
who  are  curious  can  see  a  reproduction  of  the  first  num- 


*LaSalle  and  the  Griffon,  C.  M.  Burton,  (1902)  p.  16. 


268     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

ber  of  the  Essay  in  the  Detroit  Journal  of  July   ii, 
1896.* 

A  still  more  important  event  was  at  hand — the  open- 
ing of  the  Erie  canal  from  the  Hudson  river  to  Lake 
Erie,  affording  an  all-water  route  from  New  England, 
New  York  and  the  central  states  to  Michigan,  Ohio  and 
the  West.  The  canal  and  the  steamboat  on  Lake  Erie 
supplemented  each  other.  The  "western  fever"  was  on 
in  full  force.  Every  "packet"  on  the  canal  was  crowded 
to  its  capacity.  Each  steamer  out  of  Buffalo  took  a  full 
quota  of  emigrants  seeking  the  Great  West  as  home 
seekers  or  as  land  speculators. 

This  influx  was  making  itself  felt  in  the  demand  for 
local  governments  in  the  territory.  Until  18 17  one 
county  had  sufficed  for  the  territory,  and  all  records 
were  kept  and  other  county  business  transacted  at 
Detroit,  the  county  seat  of  the  one  county  of  Wayne, 
organized  by  Governor  Cass  in  18 13,  soon  after  his 
appointment.  But  in  18 17,  Monroe  county  was  organ- 
ized to  accommodate  the  settlers  on  the  River  Raisin. f 
And  in  1818,  Macomb  county  was  established  for  those 
around  Lake  St.  Clair  and  the  Huron  (now  Clinton) 
river;  and  Mackinac  county  the  same  year  for  those 
around  the  straits  and  St.  Mary's  river,  followed  by 


*See  Centennial  Celebration  of  Evacuation  of  Detroit.  C.  M. 
Burton,  1896,  page  136. 

fit  is  probable  that  the  immediate  occasion  of  the  organization 
of  Monroe  County  in  1817  was  the  visit  which  President  Monroe 
made  to  the  territory  that  year.  He  arrived  about  the  middle  of 
August,  accompanied  by  a  number  of  distinguished  personages. 
There  was  a  grand  military  fete  in  his  honor,  and  when  he  started  to 
return  by  way  of  Ohio,  Governor  Cass  accompanied  him  on  his  re- 
turn trip. 


MICHIGAN  AS  A  TERRITORY  269 

Oakland  in  18 19  and  St.  Clair  in  1820,  and  in  1822  by 
Lenawee  (from  Monroe)  and  Sanilac,  Saginaw  and 
Shiawasse  (from  Oakland),  and  Washtenaw  (from 
Wayne).  This  rapid  organization  of  counties  shows 
clearly  that  settlements  were  now  penetrating  the  inte- 
rior, else  there  would  have  been  no  demand  for  these 
interior  counties. 

On  May  24,  1820,  Governor  Cass  with  a  considera- 
ble party  including  Henry  R.  Schoolcraft,  as  geologist, 
and  C.  C.  Trowbridge,  assistant,  started  on  a  long  tour 
of  exploration  of  the  upper  lakes.  They  arrived  at 
Sault  Ste  Marie  on  June  14,  where  a  council  with  the 
Indians,  through  the  rashness  of  some  of  the  hot-heads, 
came  near  resulting  in  bloodshed,  which  was  averted 
by  the  personal  coolness  and  courage  of  Governor  Cass. 
The  expedition  proceeded  along  the  south  shore  of  Lake 
Superior,  to  St.  Louis  river,  which  they  ascended,  and 
crossing  to  the  Mississippi  river,  explored  that  as  far  as 
Red  Cedar  lake.  Returning  up  the  Wisconsin  and  down 
the  Fox  to  Green  bay,  Governor  Cass  spent  some  time 
there,  and  returned  by  way  of  Chicago,  and  the  land 
route  from  there  to  Detroit.  During  his  absence  Sec- 
retary Woodbridge  acted  as  governor  at  Detroit. 

But  to  return  to  governmental  matters :  On  Novem- 
ber 20,  1820,  Solomon  Sibley  "qualified  and  took  his 
seat  in  Congress  as  delegate  from  Michigan  territory," 
but  we  find  no  further  mention  of  him  during  that  ses- 
sion. 

On  Friday,  June  3,  1823,  Mr.  Sibley  presented  a  peti- 
tion of  sundry  inhabitants  of  the  Territory  of  Michigan 


270  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

praying  "that  said  territory  may  be  admitted  to  the  sec- 
ond grade  of  territorial  government"  (under  the  Ordi- 
nance of  1787)  by  the  establishment  of  a  territorial  sen- 
ate and  house  of  representatives.  The  petition  was  re- 
ferred to  the  committee  on  the  judiciary.* 

About  this  time  we  find  what  seems  to  us  a  curious 
piece  of  congressional  legislation.  On  March  3,  1823, 
was  passed  a  law  providing  that  "the  proper  accounting 
officer  of  the  war  department  be  and  he  hereby  is  au- 
thorized and  required  to  adjust  and  settle  the  accounts  of 
any  person  or  his  assigns  or  legal  representatives  who 
may  have  purchased  or  ransomed  from  captivity  any  citi- 
zen, officer,  soldier,  or  other  person  aforesaid,  upon 
equitable  principles."  This  act  was  designed  especially 
for  the  benefit  of  certain  persons  at  Detroit  who  had  ran- 
somed prisoners  from  the  Indians.  This  bill  is  interest- 
ing for  another  reason ;  it  brought  out  from  delegate  Sib- 
ley the  first  speech,  so  far  as  appears,  ever  made  by  a 
Michigan  representative  in  Congress.  He  explained  the 
nature  and  reasons  for  the  bill.  His  explanation  was  lucid 
and  satisfactory,  and  the  bill  passed  without  difficulty. 
This,  so  far  as  appears  from  the  Annals  of  Congress, 
was  delegate  Sibley's  only  speech  during  his  term. 

Another  measure  which  became  law  on  the  same  day 
was  "an  Act  to  establish  an  additional  land  office  in  the 
Territory  of  Michigan"  which  provides  that  "it  shall  be 
established  at  such  place  as  the  president  shall  desig- 
nate."! 


*40  Annals  of  Congress  482. 
t4o  Annals  of  Congress  1404. 


MICHIGAN  AS  A   TERRITORY  27  I 

When  it  is  considered  that  Michigan  Territory  at  that 
time  extended  to  the  Mississippi  river,  the  necessity  of 
this  will  be  evident. 

Another  act  resting  upon  similar  reasons  was  an  act 
to  "provide  an  additional  judge  for  the  counties  of 
Michilimackinac,  Brown  and  Crawford,  as  such  coun- 
ties are  now  defined.* 

The  court  was  to  have  the  powers  of  the  Supreme 
Court,  and  jurisdiction  concurrent  with  county  courts, 
and  was  to  hold  sessions  yearly  at  Prairie  du  Chien, 
Green  Bay  and  Mackinac.  This  act  was  approved  Jan- 
uary 30,  1823.  Another  act  of  great  interest  to  the 
territory,  which  became  law  March  3,  1823,  was  the  act 
"To  amend  the  ordinance  and  acts  of  Congress  for  the 
government  of  the  Territory  of  Michigan  and  for  other 
purposes,"  by  which  a  territorial  legislative  council  was 
provided,  in  lieu  of  the  "Governor  and  Judges,"  as  the 
legislative  body. 

The  act  provides  for  a  council  of  nine,  to  be  selected 
as  follows :  The  electors  of  the  territory  to  choose  1 8 
persons,  and  the  names  of  the  1 8  having  the  greatest 
number  of  votes  "shall  be  transmitted  by  the  governor 
to  the  president  who  shall  nominate,  and  by  and  with 
the  advice  and  consent  of  the  senate  shall  appoint,  there- 
from the  said  legislative  council."  The  acts  of  said 
council  not  to  be  valid  if  disapproved  by  Congress. 
Their  pay  was  two  dollars  per  day.    They  were  author- 


*40  Annals  of  Congress  1339. 
11-18 


272  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

ized  to  submit  to  the  electors  of  the  territory  the  ques- 
tion of  a  general  assembly.* 

Another  important  act  was  the  "act  for  laying  out  and 
making  a  road  from  the  lower  Rapids  of  the  Miami  of 
Lake  Erie  (Maumee)  to  the  western  boundary  of  the 
Connecticut  reserve,  in  the  state  of  Ohio,  agreeable  to 
the  provisions  of  the  Treaty  of  Brownstown."  The  act 
itself  and  the  debate  thereon  clearly  imply  that  the  lower 
Rapids  of  the  Maumee  were  in  the  Territory  of  Michi- 
gan.! 

On  December  8,  1823,  Gabriel  Richard,  of  Detroit, 
took  his  seat  in  Congress  as  delegate  from  Michigan 
territory.  His  seat  was  promptly  contested  by  John 
Biddle,  who  set  forth  in  his  petition  that  Richard  was 
not  a  citizen  of  the  United  States,  for  the  reason  that  the 
territorial  court  before  which  he  had  been  naturalized 
had  not  jurisdiction  under  the  naturalization  laws  of 
the  United  States  to  admit  aliens  to  citizenship.  But  the 
committee  of  the  house  reported  that  he  was  duly  nat- 
uralized, and  he  retained  his  seat.§ 

Gabriel  Richard  was  delegate  one  term,  1 823-1 825. 
He  was  born  in  France,  educated  for  the  priesthood, 
came  to  Detroit  in  1798,  and  in  1809,  as  before  stated, 
published  the  first  paper  ever  printed  in  Michigan.  He 
also  printed  a  number  of  religious  books.  The  "Essay" 
did  not  pay  and  was  soon  discontinued.  He  was  much 
interested  in  educational  matters  and  was  concerned  In 


*40  Annals  of  Congress  1395. 
140  Annals  of  Congress  547. 
§For  full  report  see  41  Annals  of  Congress  814. 


TAMES  MAY 

(FIRST    CHIEF  JUSTICK) 


V 


V 


JAMFS  WITHERELL 

(A.\    KAkI.\    JUDGE) 


GABRIEL  RICHARD 

(Vu;ak  gi-.nkral  sn  itfian) 


MICHIGAN  AS  A  TERRITORY  273 

founding  the  branch  of  the  University  of  Michigan  in 
Detroit. 

Among  his  people  he  was  a  power  for  good,  and  a 
public  spirited  citizen.  He  died  in  the  cholera  epidemic 
at  Detroit  September,  1832.  During  his  term  as  dele- 
gate was  passed  the  act  (approved  May  26,  1824)  to 
authorize  the  surveying  and  making  of  a  road  from  a 
point  in  the  northwestern  boundary  of  the  state  of  Ohio, 
near  the  foot  of  the  Rapids  of  the  Miami  of  Lake  Erie 
(Maumee)  to  Detroit  in  the  Territory  of  Michigan."* 
This  was  the  first  of  the  "Territorial  roads"  constructed 
in  Michigan. 

This  act  shows  that  in  1824  Congress  understood  that 
the  northern  boundary  of  Ohio  was  at  the  lower  Rapids 
of  the  Maumee. 

The  act  provided  that  the  road  should  be  opened 
and  made  under  the  direction  of  the  President  of  the 
United  States,  who  might  employ  the  troops  of  the 
United  States  in  its  construction.  It  appropriated 
twenty  thousand  dollars  for  the  purposes  of  the  act. 

Father  Richard  was  succeeded  in  1825  as  delegate  by 
Austin  E.  Wing,  of  Monroe,  who  represented  the  terri- 
tory in  Congress  in  the  nineteenth,  twentieth  and  twenty- 
second  Congresses.  For  the  21st  Congress  he  was 
defeated  by  John  Biddle,  of  Detroit,  who  had  filed  the 
contest  against  Gabriel  Richard  in  1823. 

Austin  E.  Wing  was  a  native  of  Massachusetts,  born 
in  1791 ;  received  a  common  school  education,  removed 
to  Michigan  and  took  his  seat  as  delegate  December  5, 


*42  Annals  of  Congress  3251. 


274  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

1825,  at  the  age  of  34.  After  the  admission  of  Michi- 
gan as  a  state,  he  was  appointed  United  States  Marshal 
for  the  district  of  Michigan.  He  did  not  again  repre- 
sent the  state,  but  removed  to  Cleveland,  Ohio,  where  he 
died  August  25,  1849. 

John  Biddle  who  was  a  delegate  in  Congress  from 
1829  to  1 83 1  came  to  Michigan  from  Pennsylvania  as 
an  Indian  agent.  At  the  expiration  of  his  term  as  dele- 
gate, he  was  appointed  register  of  the  U,  S.  land 
office  at  Detroit.  He  remained  a  prominent  citizen  of 
Detroit  many  years,  and  died  August,  1859,  at  the  age 
of  70. 

We  have  already  quoted  from  Mr.  Biddle's  address 
before  the  Michigan  Historical  Society  in  regard  to  the 
progress  of  the  territory.  As  he  was  at  the  time  the 
register  of  the  land  office  at  Detroit,  that  fact  will  give 
value  to  this  further  extract  from  his  address,  in  regard 
to  the  amount  of  land  which  had  been  surveyed  and  sold 
in  the  territor}^  until  1831.  He  said:  "According  to 
an  estimate  I  have  made  the  quantity  that  has  now  been 
surveyed  amounts  to  about  10,000,000  acres,  of  which 
somewhat  less  than  one  million  has  been  sold."* 

Lucius  Lyon  of  Bronson,t  in  the  23rd  Congress,  and 
George  W.  Jones,  elected  just  before  the  admission  of 
the  state  Into  the  Union,  from  that  part  of  the  territory 
west  of  Lake  Michigan,  complete  the  list  of  Michigan's 
representatives  in  Congress  during  the  territorial  period. 
These  two  mark  an  epoch  in  the  political  history  of 


♦Historical  Sketches  p.  165. 
tNow  Kalamazoo. 


MICHIGAN  AS  A  TERRITORY  275 

Michigan.  Lucius  Lyon  came  from  Kalamazoo  county, 
in  the  western  half  of  the  territory,  and  was  the  first  dele- 
gate chosen  west  of  Detroit  and  Monroe ;  and  his  elec- 
tion indicates  the  extent  to  which  settlement  had  already 
spread  to  the  western  part  of  the  state. 

George  W.  Jones  came  from  what  soon  became  Wis- 
consin and  his  election  recognizes  the  incipient  statehood 
of  Michigan.  The  24th  Congress,  to  which  he  was 
elected  extended  from  December,  1835,  to  March  3, 
1837.  Michigan  had  framed  a  State  Constitution  in 
1835,  and  Lucius  Lyon  and  John  Norvell  had  been 
chosen  first  United  States  senators,  but  were  not  admit- 
ted to  their  seats  until  January  26,  1837.  George  W. 
Jones  was  delegate  for  Michigan  until  January  26, 
1837,  and  after  that  for  the  Territory  of  Wisconsin.* 

During  the  two  years  incumbency  of  John  Biddle,  we 
have  found  no  record  of  his  taking  any  part  in  Con- 
gressional debates. 

During  the  20th  Congress  (i829-'3i)  an  act  was 
passed  giving  an  enlarged  idea  of  the  extent  of  Michigan 
at  that  time.  It  was  "an  act  to  change  the  time  and 
place  of  holding  court  in  the  County  of  Crawford,  in  the 
Territory  of  Michigan,"  and  provided  that  court  should 
be  held  at  Mineral  Point  in  the  Count)^  of  Iowa  (now 
state  of  Wisconsin)  instead  of  at  Prairie  du  Chien 
(Wisconsin)    and  that   the   jurisdiction   of  said   court 


*At  the  semi-centennial  of  the  University  of  Michigan  in  1887, 
Hon.  George  W.  Jones  was  present  and  made  an  address,  as  the 
only  living  Representative  of  Michigan  as  a  territory.  Though  well 
past  80  years  of  age,  he  was  vigorous  and  spoke  extemporaneously, 
and  with  a  strong,  full  voice,  the  last  of  the  old  regime. 


276  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

should  continue  the  same  as  if  the  said  county  of  Iowa 
had  not  been  divided. 

Another  act  passed  by  this  Congress,  with  a  historic 
background,  was  one  for  the  relief  of  the  legal  represent- 
atives of  Jean  Baptiste  Coture,  and  provides  for  the  pay- 
ment of  $2,000  for  the  value  of  the  store,  dwelling, 
lumber  house,  stable,  etc.,  of  said  Coture,  at  Frenchtown, 
destroyed  by  British  and  Indians  on  the  2^rd  day  of 
January,  18 13.*  This  was  the  date  of  the  massacre  of 
Frenchtown,  one  of  the  most  horrid  events  of  the  War 
of  1812. 

But  while  these  things  were  being  done  in  Congress, 
the  territory  was  steadily  growing;  settlements  were 
extending,  roads  and  other  improvements  were  being 
made,  new  counties  organized  and  towns  laid  off,  so  that 
the  census  of  1830  showed  a  white  population  of 
31,639;  and  the  tide  of  immigration  was  setting  more 
strongly  than  ever  to  the  "Beautiful  Peninsula,"  AH 
signs  betokened  that  the  period  of  statehood  was  near  at 
hand. 


♦9  Debates  in  Congress  XV. 


CHAPTER  XX 

Under  Governor  Cass'  Administration 


IT  is  Interesting  to  note  the  steady  advance  made 
under  the  administration  of  Governor  Cass  in 
the  direction  of  local  and  territorial  self-govern- 
ment. Governor  Cass  was  a  democrat  in  the 
best  signification  of  the  word.  He  believed  in 
the  rule  of  the  people;  and  though  thereby  he  often 
diminished  his  own  powers  and  functions,  he  was  con- 
stantly advocating  a  larger  and  larger  measure  of  popu- 
lar government. 

In  1823,  as  we  have  before  seen,  a  legislative  council 
of  nine  was  provided,  to  be  appointed  by  the  president 
from  among  the  eighteen  receiving  the  highest  vote  of 
the  electors.  At  the  same  time  the  free-hold  property 
qualification,  which  had  been  Inherited  from  the  Ordin- 
ance of  1787,  was  abolished  or  discontinued.  In  1824 
the  legislative  council  passed  a  new  city  charter  for  the 
city  of  Detroit,  and  General  John  R,  Williams  was  the 
first  elected  mayor  under  it.  Before  this  time  the  gov- 
ernor and  judges  and  the  territorial  council  had  been  city 
council  and  mayor.* 

In  1825  county  oflicers,  except  judicial,  were  made 
elective,  which  was  a  very  large  extension  of  the  fran- 
chise in  matters  most  intimately  affecting  the  people; 
and  the  legislative  council  was  increased  to  thirteen. 

In  1827  the  electors  of  the  territory  were  authorized 
by  law  to  choose  all  the  members  of  the  territorial  coun- 
cil directly,  without  Intervening  appointment  by  the 
president,  but  the  acts  of  this  legislative  council  required 


♦Before  this  the  governor  and  judges  had  appointed  two  mayors, 
Brush  and  Solomon  Sibley. 

279 


2  8o  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

the  approval  of  Congress;  and  the  veto  power  was 
retained  by  the  governor. 

This  continued  to  be  the  legislative  system  until 
changed  by  the  framing  of  the  state  constitution  in  1 835. 

It  was  in  1826  that  Governor  Cass  made  one  of  his 
long  trips  to  the  upper  lakes  by  canoe.  During  this  trip 
he  negotiated  the  treaty  of  Fond-du-Lac  with  the  north- 
em  tribes,  by  which  the  United  States  acquired  the  right 
to  search  for  and  mine  minerals  on  lands  not  yet  ceded 
to  the  government. 

In  the  absence  of  Governor  Cass,  William  Wood- 
bridge  performed  the  duties  of  governor. 

The  great  obstacle  to  the  progress  of  the  territory 
during  the  decade  from  1820  to  1830  was  the  want  of 
roads  into  the  interior  of  the  Peninsula.  The  settlers 
were  too  few  and  too  poor  to  make  roads  for  them- 
selves, and  the  territory  had  no  means  for  making  them; 
and  so  appeal  was  made  to  the  general  government  to 
assist,  in  the  interest  of  the  settlement  of  the  country  and 
the  sale  of  the  public  lands.  As  a  result,  in  1826  the 
government  made  provision  for  the  construction  of  sev- 
eral "territorial  roads;"  particularly  from  Detroit  to 
Fort  Gratiot;  from  Detroit  to  Saginaw  Bay,  and  from 
Detroit  to  Chicago.  The  road  from  Perrysburg,  on  the 
Maumee,  to  Detroit  had  already  been  provided  for  in 
1824,  and  all  these  roads  had  been  commenced  and  were 
in  process  of  building,  when  an  act  was  approved  May 
31,  1830,  "making  appropriations  for  examinations  and 
surveys,  and  also  for  certain  works  of  internal  improve- 
ment." 


MICHIGAN  AS  A   TERRITORY  251 

Among  the  items  in  this  act  we  find  the  following : 

For  continuing  the  road  from  Detroit  to  Fort  Gratiot, 
$7,000. 

For  continuing  the  road  from  Detroit  to  Saginaw 
Bay,  $7,000. 

For  continuing  the  road  from  Detroit  to  Chicago, 
$8,000. 

An  act  of  Congress  interesting  both  as  showing  how 
extensively  post  offices  had  been  established,  and  also  the 
early  spelling  of  some  familiar  names,  is  "An  act  to 
establish  certain  post  roads  and  to  alter  and  to  discon- 
tinue others,"  approved  April  3,  1832.  "In  Michigan 
territory  *  *  *  from  Detroit  to  Tecumsee,  by 
way  of  Ypsilanti,  Sabine  and  Clinton.  From  Pontiac 
to  Sagana ;  from  Ypsilanti  to  the  mouth  of  the  River  St. 
Joseph,  on  the  territorial  road,  by  way  of  Ann  Arbor 
and  Jacksonburg." 

In  continuance  of  its  former  appropriations  for  road 
building,  on  July  4,  1832,  Congress  passed  "An  act  to 
authorize  the  surveying  and  laying  out  of  a  road  from 
Detroit  to  the  mouth  of  the  Grand  river  of  Lake  Michi- 
gan, in  the  Michigan  territory."  For  the  purpose  the 
President  was  to  appoint  three  commissioners,  and 
$3,500  was  appropriated  for  the  survey.* 

On  the  same  date  is  found  an  act  for  a  like  surv^ey  of 
a  road  from  La  Plaisance  bay  (mouth  of  River  Raisin) 
to  intersect  the  Chicago  road. 

In  January,  1833,  provision  was  made  for  a  new  land 
office  in  the  territory,  the  new  district  to  embrace  the 


*JS  Debates  of  Congress,  Appendix. 


2  82   MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

lands  east  of  the  principal  meridian,  and  ranges  i,  2,  3, 
4,  5  and  6  south,*     The  office  was  located  at  Monroe. 

Now  the  pressure  for  better  roads  is  again  manifest. 
March  2,  1833,  there  was  an  appropriation  of  $15,000 
"for  continuing  road  from  Detroit  to  Saginaw  bay," 
and  "for  road  from  Detroit  to  Grand  river  of  Lake 
Michigan,  $25,000."  "For  continuing  road  from 
Detroit  toward  Chicago,  in  the  territory  of  Michigan, 
$8,000;"  which  probably  means  that  the  money  was  to 
be  expended  in  the  Territory  of  Michigan.  Also  this 
appropriation  :  "For  paying  the  balance  due  the  commis- 
sioners for  surveying  and  marking  the  road  from  La 
Plaisance  bay  to  intersect  the  road  to  Chicago,  within 
the  territory  of  Michigan  $608.76.  For  making  the 
said  road,  $15,000."  We  see  that  already  the  govern- 
ment had  provided  for  the  building  of  roads  from  the 
west  line  of  the  Connecticut  Reserve  (near  Sandusky, 
Ohio)  to  the  Michigan  line  at  the  Rapids  of  the  Mau- 
mee,  and  from  there  to  Detroit;  from  Detroit  to  Fort 
Gratiot;  from  Detroit  to  Saginaw,  from  Detroit  to  the 
mouth  of  Grand  river  on  Lake  Michigan;  from  Detroit 
to  Chicago,  and  from  Monroe  to  intersect  the  latter 
road. 

The  only  River  and  Harbor  appropriation  made  for 
the  territory  was  that  for  the  improvement  of  La  Plais- 
ance bay,  (mouth  of  River  Raisin)  for  which  the  first 
appropriation  was  made  in  1827,  and  the  last  in  1836, 
the  total  amount  being  about  $49,000, 


♦15  Debates,  App.  i. 


MICHIGAN  AS  A   TERRITORY  283 

A  modem  River  and  Harbor  bill  would  not  recognize 
it  even  for  a  poor  relation. 

June  30,  1834,  the  president  approved  "an  act  to  aid 
in  the  construction  of  certain  roads  in  the  Territory  of 
Michigan.  Among  other  things  it  appropriated  as  fol- 
lows : 

For  road  from  Sheldon's  to  Lake  Michigan  at 

the  mouth  of  the  St.  Joseph  river $20,000 

For  road   from   Port  Lawrence    (Toledo)    to 

Adrian    10,000 

Road  from  Niles  to  mouth  of  St.  Joseph 10,000 

Road  from  Clinton  on  the  Chicago  road 
through  Jackson  county  to  the  rapids  of 
the  Grand 10,000 

On  February  24,  1835,  Congress  passed  a  bill  appro- 
priating $30,000  for  a  harbor  at  the  mouth  of  the 
River  Raisin  (21  Deb.  403)  and  on  March  3,  1835, 
an  act  to  authorize  the  sale  of  certains  lands  belonging 
to  the  University  of  Michigan  and  described  as  "on 
the  Maumee  river  of  Lake  Erie,"  and  "near  Toledo." 
(21  Debates  app.  426). 

The  extent  to  which  settlement  was  penetrating  the 
interior  is  indicated  not  only  by  the  building  of  these 
new  roads,  and  the  establishment  of  post-routes,  but 
also  by  the  demand  for  the  organization  of  new  coun- 
ties. 

In  1829  the  legislative  council  signalized  its  gratitude 
for  the  newly  conferred  popular  election,  by  the  organ- 


284     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

ization  of  an  entire  group  of  new  counties,  named  after 
the  president,  vice-president  and  cabinet,  Jackson,  Cal- 
houn, Ingham,  Eaton,  Barry,  Branch,  Van  Buren,  Cass 
and  Berrien,  to  which  must  be  added  the  same  year 
Hillsdale,  St.  Joseph  and  Kalamazoo,  thus  extending 
the  two  southern  tiers  of  counties  entirely  across  the 
peninsula  to  Lake  Michigan. 

In  connection  with  roads  and  interior  communications 
it  may  here  be  noted  that  in  1833  the  United  States 
removed  the  military  stores  from  the  old  arsenal  on  the 
site  of  the  present  city  hall,  Detroit,  to  Dearborn,  at 
the  point  where  the  Chicago  road  crossed  the  River 
Rouge.  R.  E.  Roberts  in  his  "Detroit"  tells  us  that 
the  new  arsenal  was  "the  largest  and  finest  structure 
in  Michigan  at  that  time." 

We  come  now  to  consider  an  act  of  Congress  con- 
nected with  a  controversy  destined  to  have  much  influ- 
ence upon  the  history  of  the  territory  and  the  state. 
On  July  14,  1832,  the  president  approved  an  act  intro- 
duced and  urged  to  its  passage  by  Senator  Thomas 
Ewing  of  Ohio,  being  "an  Act  to  provide  for  taking 
certain  observations  preparatory  to  the  adjustment  of 
the  northern  boundary  of  the  state  of  Ohio."  It  pro- 
vided "that  the  president  of  the  United  States  cause 
to  be  ascertained  by  accurate  observations  the  latitude 
and  longitude  of  the  southerly  extreme  of  Lake  Michi- 
gan, and  that  he  cause  to  be  ascertained  by  like  obser- 
vation the  point  on  the  Miami  of  the  lake  which  is 
due  east  therefrom,"  etc.  (13  Debates,  appendix 
XLVI.) 


MICHIGAN  AS  A  TERRITORY  285 

As  we  are  now  nearing  the  period  of  the  great  bound- 
ary controversy  between  Ohio  and  Michigan,  which  de- 
layed the  admission  of  Michigan  into  the  union  from 
1835  to  1837,  and  at  one  time  threatened  armed  coUi- 
sion  between  the  two  commonwealths,  it  is  well  to  pause 
and  explain  the  origin  and  nature  of  the  dispute. 

This  was  not  a  new  question.  It  had  been  brewing 
ever  since  Ohio  formed  her  state  constitution  in  1802. 
The  origin  cannot  be  more  tersely  stated  than  has  been 
done  by  Judge  Cooley  in  his  "Michigan."  He  says: 
"To  understand  its  merits  it  is  necessary  to  go  back  to 
the  Ordinance  of  1787.  One  of  the  Articles  of  Com- 
pact of  the  Ordinance  was  that  there  should  be  formed 
in  the  Northwest  Territory  thereby  organized  not  less 
than  three  nor  more  than  five  states,  and  the  boundaries 
were  designated.  If  three  were  formed  they  were  to  be 
bounded  on  the  east  and  west  by  lines  which  now  consti- 
tute the  east  and  west  boundaries  of  Ohio,  Indiana  and 
Illinois,  respectively,  but  continued  north  tO'  the  national 
boundary.  But  Congress  reserved  the  right  to  form  one 
or  two  states  in  that  part  of  the  territory  which  lay  north 
of  an  east  and  west  line  drawn  through  the  southerly 
bend  or  extreme  of  Lake  Michigan. 

This  was  declared  to  be  an  article  of  "compact"  "be- 
tween the  original  states  and  the  people  and  the  states 
in  said  territory,"  and  by  the  express  terms  of  the  ordi- 
nance was  to  "forever  remain  unalterable  unless  by  com- 
mon consent;"  and  it  never  by  common  consent  had  been 
abrogated  or  changed.  On  the  contrary  by  the  enabling 
act  for  the  admission  of  Ohio  into  the  Union,  the  north- 


2  86  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

ern  boundary  of  that  state  had  been  made  "an  east  and 
west  line  drawn  through  the  southern  extreme  of  Lake 
Michigan,  running  east  from  its  intersection  with  a  due 
north  line  from  the  mouth  of  the  great  Miami,  to  Lake 
Erie  or  the  territorial  line,  and  thence  with  the  territor- 
ial line  to  the  Pennsylvania  line." 

When  in  1805  the  Territory  of  Michigan  was  organ- 
ized this  same  east  and  west  line  through  the  southern 
bend  or  extreme  of  Lake  Michigan,  was  made  the  south- 
ern boundary  of  Michigan,  and  so  it  appears  to  have  re- 
mained unquestioned  until  about  the  time  that  the  peo- 
ple of  Michigan  began  to  agitate  for  the  organization  of 
a  state  government  and  admission  into  the  Union.  The 
western  boundary  of  the  Territory  of  Michigan  was 
made  a  line  running  north  from  the  point  of  contact  of 
the  east  and  west  line  with  the  southern  extreme  of  Lake 
Michigan  to  the  northern  end  thereof,  and  thence  due 
north  to  the  national  boundary.  This  settled  the  point 
that  Congress  intended  eventually  to^  exercise  its  option 
to  erect  two  states  instead  of  one,  north  of  the  line  east 
and  west  through  the  southern  extreme  of  Lake  Michi- 
gan. 

To  again  quote  the  words  of  Judge  Cooley:  "The 
people  of  Michigan  had,  therefore,  two  rights  solemnly 
guaranteed  to  them  by  the  ordinance,  neither  of  which 
could  be  taken  from  them  without  their  consent.  These 
were  first  to  have  a  line  drawn  due  east  from  the  southern 
extreme  of  Lake  Michigan  for  their  southern  boundary, 
and,  second,  to  be  admitted  into  the  Union  as  a  state  on 
reaching  a  population  of  sixty  thousand."    Not  only  had 


MICHIGAN  AS  A   TERRITORY  287 

this  right,  as  to  the  southern  boundary,  existed  de  jure, 
but  it  had  been  exercised  de  facto,  and  had  been  recog- 
nized repeatedly  and  constantly  by  both  the  United 
States  and  the  territorial  government.  The  United 
States  government  had  attached  the  lands  north  of  the 
falls  of  the  Maumee  to  the  Monroe  (Michigan)  land 
district;  it  had  recognized  the  boundary  of  Michigan  as 
at  the  Rapids  of  the  Maumee  in  the  survey  and  build- 
ing of  the  Ohio-Michigan  road  from  the  Connecticut 
Reserve  to  the  lower  falls  of  the  Miami  of  Lake  Erie; 
it  had  located  the  Michigan  University  lands  on  the 
Maumee  river;  it  had  recognized  the  same  boundary 
in  the  building  of  the  road  from  the  Rapids  of  the 
Miami  to  Detroit. 

On  the  other  hand  the  territorial  government  of 
Michigan  had,  without  let  or  hindrance,  exercised  all 
the  usual  acts  of  jurisdiction  to  the  line  running  due 
east  from  the  southern  bend  of  Lake  Michigan.  It  had 
organized  counties,  townships  and  districts  to  that  line; 
had  extended  the  jurisdiction  of  its  courts  and  its  judicial 
process  to  the  same  boundary;  in  short,  in  every  way 
that  the  case  admitted,  it  was  fixed  as  the  boundary 
between  Ohio  and  Michigan. 

The  few  people  residing  within  that  limit  voted  in 
election  districts  created  by  Michigan,  and  corporations 
were  organized  under  the  territorial  government  of 
Michigan,  to  build  roads  and  to  exercise  their  jurisdic- 
tion within  the  strip  extending  to  the  due  east  and  west 
line. 

How,   then,   did  the   dispute   arise?     In   this  way: 

IM9 


288  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

When  the  Ordinance  of  1787  was  enacted  the  exact  lati- 
tude of  the  southern  extreme  of  Lake  Michigan  was  not 
known — had  not  been  determined — but  was  supposed 
to  be  somewhat  farther  north  than  it  finally  proved  to 
be.  Therefore  when  the  people  of  Ohio  framed  a  con- 
stitution in  1802,  in  describing  the  boundaries  of  the 
inchoate  state,  the  convention  first  followed  the  boun- 
dary as  laid  down  in  the  enabling  act;  that  is,  the  east 
and  west  line  through  the  southern  extreme  of  Lake 
Michigan,  and  then,  out  of  an  abundance  of  caution, 
they  inserted  an  alternative  northern  boundary,  as  fol- 
lows: "That  if  the  southern  bend  or  extreme  of  Lake 
Michigan  should  extend  so  far  south  that  a  line  drawn 
east  from  it  should  not  intersect  Lake  Erie,  or  if  it 
should  intersect  said  Lake  Erie  east  of  the  mouth  of  the 
Miami  river  of  the  lakes,  then  and  in  that  case,  with 
the  assent  of  the  Congress  of  the  United  States,  the 
northern  boundary  of  this  state  shall  be  established 
by  and  extend  to  a  line  running  from  the  southern 
extreme  of  Lake  Michigan  to  the  most  northerly 
extreme  of  the  Miami  bay;  after  intersecting  the  due 
north  and  south  line  from  the  mouth  of  the  great 
Miami  river  aforesaid;  thence  northeast  to  the  terri- 
torial line,  and  thence  through  Lake  Erie  to  the  Penn- 
sylvania line," 

It  will  be  noticed  that  this  alternative  boundary  was 
made  to  depend  upon  the  assent  of  the  Congress  of  the 
United  States,  which  was  never  expressly  given,  and 
which  in  the  face  of  the  compact  of  1787  could  not  be 
implied. 


MICHIGAN  AS  A  TERRITORY  289 

But  soon  after  the  admission  of  Ohio  into  the  Union 
an  attempt  was  made  to  secure  the  assent  of  Congress 
to  Ohio's  boundary;  but  on  December  6,  1803,  this 
provision  was  stricken  out  in  the  senate,  and  from  that 
time  until  the  close  of  the  War  of  18 12,  the  question 
seems  not  to  have  been  again  raised. 

May  20,  18 12,  an  act  was  passed  authorizing  the 
president  to  ascertain  and  designate  certain  boundaries. 
The  war  then  intervened  and  prevented  the  survey,  but 
on  August  22,  18 16,  the  commissioner  of  the  general 
land  office  directed  the  surveyor-general  to  "engage  a 
yfaithful  and  skillful  deputy  to  mark  said  northern 
boundary  agreeable  to  the  act  of  May  20,  18 12." 

The  commissioner,  in  a  letter  to  the  secretary  of  the 
treasury,  June  5,  18 18,  said  "Having  never  heard  of 
the  proviso  in  the  constitution  of  the  State  of  Ohio  rela- 
tive to  its  northern  boundary,  I  had  uniformly  supposed 
it  to  be  an  east  and  west  line  drawn  from  the  southern 
extreme  of  Lake  Michigan." 

But  the  deputy  employed,  without  authority  of  law 
or  instruction  from  the  department,  ran  the  line  accord- 
ing to  the  proviso  in  the  Ohio  constitution.  This 
brought  out  a  protest  from  Governor  Cass  of  Michi- 
gan to  Edward  Tiffin,  then  surveyor  general.* 

Tiffin  was  an  Ohio  man;  had  been  first  governor  of 
the  state  as  well  as  a  member  of  the  constitutional  con- 
vention that  framed  the  constitution  and  the  proviso, 
and  it  may  be  not  unfairly  inferred  that  he  had  some- 


*This  Edward  Tiffin  was  the  same  who  in  1816  had  made  the 
famous  report  on  the  military  bounty  lands  in  Michigan. 


290  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

thing  to  do  with  the  running  of  "the  Harris  line"  in 
accordance  with  said  proviso,  instead  of  with  the  law. 
Governor  Cass  wrote  (Detroit,  Nov.  i,  1817)  : 
"Report  says  that  the  line  which  has  been  recently 
run  purporting  to  be  the  line  between  the  state  of  Ohio 
and  this  territory,  was  not  run  a  due  east  course  from 
the  southern  extremity  of  Lake  Michigan  to  Lake  Erie, 
but  a  course  somewhat  to  the  north  of  this,  although 
how  much  I  am  unable  to  ascertain.  The  act  of  Con- 
gress organizing  this  territory  makes  its  southern 
boundary  a  due  east  line  from  the  southern  extremity 
of  Lake  Michigan,  and  this  act  is  in  strict  conformity 
with  the  fifth  of  the  articles  of  compact,  in  the  ordinance 
for  the  government  of  the  Northwest  Territory;  these 
are  declared  to  be  unalterable  except  by  mutual  con- 
sent."* 


*Those  who  care  to  examine  into  the  merits  of  this  famous  con- 
test, which  at  one  time  threatened  actual  war  between  Ohio  and 
Midiigan,  can  find  the  documents  in  a  volume  entitled  "The  Appeal 
by  the  Convention  of  Michigan,"  under  date  June  i,  1835,  Sheldon 
&  McKnight,  Printers,  Detroit. 


CHAPTER  XXI 
The  Boundary  Dispute  With  Ohio 


THE  dispute  over  the  Michigan-Ohio 
boundary,  inaugurated  as  described  in 
the  last  chapter,  raged  with  greater  or 
less  continuity  from  1817  to  1837,  from 
the  day  of  the  Harris  survey,  until  the 
hour  that  Michigan  was  admitted  into  the  Union,  on  an 
equality  with  the  original  states. 

It  was  a  very  unequal  fight.  In  18 17  Ohio  had  in 
Congress  two  senators  and  six  representatives,  while 
Michigan  had  not  even  one  poor  delegate  without  the 
right  to  vote.  At  the  end  of  the  struggle,  in  1836, 
Ohio  had  two  senators  and  nineteen  representatives 
while  Michigan  had  one  delegate  who  could  speak,  but 
had  no  vote.  But  every  day  of  these  twenty  years 
the  right  and  the  law  were  with  the  territory,  though 
the  power  was  with  the  state.  On  the  3rd  of  Janu- 
ary, 1818,  the  governor  and  judges  of  the  Territory  of 
Michigan  addressed  to  the  Congress  of  the  United 
States  a  formal  and  solemn  memorial  undoubtedly 
drawn  up  by  Governor  Cass,  in  which  they  recite  the 
entire  history  of  the  boundary  dispute  to  that  date. 

The  memorial  is  ably  and  clearly  drawn,  and  is  signed 
by  Lewis  Cass,  governor,  A.  B.  Woodward,  John  Grif- 
fin and  J.  Witherell,  judges. 

After  reciting  the  provisions  of  the  Ordinance  of 
1787,  the  enabling  act  of  April  30,  1802,  the  seventh 
article  of  the  constitution  of  Ohio,  containing  the  alter- 
native boundary  to  which  Congress  had  never  given  its 
assent,  and  the  act  of  January  11,  1805,  in  which  the 
due  east  and  west  line  through  the  southern  extreme 

293 


294     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

of  Lake  Michigan,  was  expressly  made  the  southern 
boundary  of  the  Territory  of  Michigan,  thus  definitely 
excluding  It  from  the  State  of  Ohio,  the  memorial  then 
proceeds : 

"YOUR  MEMORIALISTS  beg  leave  to  state  that  during  the 
past  summer  a  line  was  run,  under  the  direction  of  the  Surveyor 
General,  intended  to  be  the  boundary  between  this  territory  and  the 
State  of  Ohio.  This  line  instead  of  being  on  an  east  and  west  line 
from  the  southern  extremity  of  Lake  Michigan,  agreeably  to  the 
acts  of  Congress  before  mentioned,  was  run  on  a  course  north  87 
degrees  42  minutes  east,  and  strikes  Lake  Erie  at  the  northern  cape 
of  Miami  bay,  taking  from  the  southern  boundary  of  this  territory, 
seven  miles  and  forty-nine  chains  and  adding  it  to  the  State  of 
Ohio.  The  legislative  power  of  this  territory  is  by  law  vested  in 
your  memorialists,  and  they  conceive  they  would  fail  to  discharge 
the  duties  of  their  station  were  they  not  to  submit  this  subject  to  the 
consideration  of  the  national  Legislature."* 

In  conclusion  the  Memorallsts  pray : 

"The  undersigned  respectfully  submit  the  subject  of  this  memor- 
ial to  the  consideration  of  Congress,  and  pray  that  the  boundary  line 
between  this  territory  and  the  State  of  Ohio  may  be  run  and  es- 
tablished agreeably  to  the  provisions  of  the  Ordinance  of  Congress 
of  17^7}  and  of  the  several  acts  of  Congress  heretofore  passed  upon 
the  subject."t     • 

This  memorial  produced  the  desired  effect;  and  on 
June  24,  18 18,  W.  H.  Crawford,  secretary  of  the 
treasury,  directed  the  commissioner  of  the  land  office 
"to  have  the  northern  boundary  of  Ohio  run  and 
marked  in  conformity  with  the  act  of  20th  May,  18 12  ;" 
that  Is,  on  the  due  east  and  west  line. 

On  the  2nd  of  November,  1 8 1 8,  the  surveyor  general 


*The  Appeal  of  the  Convention  35. 

tAppeal   of  the  Convention  42. 


MICHIGAN  AS  A  TERRITORY  295 

transmitted  to  the  commissioner  of  the  land  office  the 
notes  and  plats  of  the  new  survey,  made  by  one  John 
A.  Fulton.  This  became  known  as  "the  Fulton  line," 
while  the  first  line  running  to  the  north  cape  of  Miami 
bay  was  known  as  "the  Harris  line,"  and  the  strip  lying 
between  was  called  the  "Toledo  strip"  or  the  Maumee 
strip,  and  was  the  bone  of  contention,  Michigan 
claimed  to  the  "Fulton  line,"  while  Ohio  claimed  to  the 
"Harris  line,"*  and  this  was  the  cause  of  "the  Toledo 
War." 

But  the  Fulton  survey  proved  very  unsatisfactory 
and  inadequate.  He  did  not  establish  the  latitude  of 
the  southern  extreme  of  Lake  Michigan,  nor  did  he 
determine  the  latitude  where  the  east  line  intersected 
the  Maumee  river,  nor  where  it  reached  Lake  Erie. 
These  were  all  left  unsettled  questions.  As  a  starting 
point  he  accepted  the  intersection  of  Harris's  line  east 
from  Lake  Michigan  with  the  north  and  south  line 
between  Ohio  and  Indiana.  His  plat  showed  a  varia- 
tion in  latitude  on  different  portions  of  the  line. 

Duplicate  copies  of  both  surveys  were  forwarded  to 
the  secretary  of  the  treasury  on  March  7th,  1820,  and 
on  the  8th  transmitted  by  the  president  tO'  Congress. 
Here  the  matter  rested  until  the  i8th  of  March,  1828, 
when  the  committee  on  territories  of  the  house  of  rep- 
resentatives made  a  report  recommending  that  the  cor- 
rect latitude  of  the  several  points  be  accurately  ascer- 
tained. 

It  was  in  furtherance  of  this  recommendation  that 


♦Appeal  to  the  Convention  25. 


296  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

Senator  Ewing  of  Ohio,  secured  the  passage  of  the  act 
of  July  14,  1832,  mentioned  in  the  last  chapter,  as  the 
introduction  of  this  subject  matter.  The  time  limited  for 
completing  these  observations  was  subsequently  extended 
to  December  31, 1835,  by  act  of  March  2,  1833,  and  the 
execution  of  the  work  was  entrusted  to  Captain  Talcott, 
U.  S.  Army.*  The  "Talcott  line"  corresponded  closely 
with  the  Fulton  line,  intersecting  the  Maumee  not  more 
than  300  yards  therefrom, t 

One  of  the  last  official  acts  of  Governor  Cass,  before 
his  resignation,  was  to  send  a  message  to  the  legislative 
council  of  Michigan  (Jan.  5,  1831,)  in  which  he  ably 
and  clearly  reviewed  the  history  of  the  controversy  to 
that   date. 

From  this  time  forward,  the  question  of  the  south- 
ern boundary  becomes  complicated  with  that  of  state- 
hood, so  that  it  is  quite  impossible  to  separate  them. 

Despite  the  ridiculous  report  made  by  the  Ohio 
surveyor  general,  Edward  Tiffin,  in  18 15,  the  word 
had  gone  back  to  the  east  that  Michigan  was  not  a  bad 
country  to  settle  in ;  that  it  was  in  fact  a  fair  land,  of 
diversified  surface,  of  magnificent  forests,  of  fine  water- 
falls, of  excellent  soil,  and  in  some  parts,  with  park-like 
oak  openings  and  flowery  prairies. 

Since  1830,  and  even  before,  emigrants  had  been 
pouring  in,  rapidly  extending  the  area  of  settlement  and 
cultivation,  building  roads  and  bridges,  opening  farms, 


*See  Congressional  Document  No.  497  ist  Sess.  23rd  Congress. 

"Appeal  of  the   Convention  24. 


MICHIGAN  AS   A   TERRITORY  297 

laying  out  new  towns,  erecting  school  houses  and 
churches  and  utilizing  the  natural  resources  in  water 
power  and  navigable  waters.  As  early  as  the  fall  of 
1832,  the  question  was  submitted  by  the  territorial 
council  to  the  people,  whether  they  desired  to  apply  to 
Congress  for  an  act  to  enable  them  to  form  a  state  con- 
stitution and  organize  a  state  government.  The  vote 
resulted  in  an  affirmative,  and  accordingly  early  in  1834 
Congress  was  mem.oralized  to  grant  an  enabling  act, 
authorizing  Michigan  to  form  a  state  constitution  and 
be  admitted  to  the  Union. 

In  July,  1 83 1,  President  Jackson  tendered  Governor 
Cass  a  place  in  his  cabinet  as  secretary  of  war,  and 
thereupon  the  governor  forw^arded  his  resignation  as 
governor  to  take  effect  August  i .  Under  the  lavv  estab- 
lishing the  territory,  the  territorial  secretary  became  act- 
ing governor  in  the  absence  or  disability  of  that  official. 
Governor  Cass  being  at  the  same  time  Indian  commis- 
sioner for  the  negotiation  of  treaties  throughout  the 
northwest,  was  frequently  absent  from  the  territory 
for  periods  of  considerable  length.  At  such  times,  from 
1 81 8  to  1830,  William  Woodbridge,  the  territorial  sec- 
retary, was  acting  governor. 

In  1830,  General  John  T.  Mason  of  Virginia,*  was 
appointed  secretary,  and  during  two  brief  periods  in  the 
autumn  of  1830,  and  spring  of  1831,  was  acting  gov- 
ernor.    But  he  soon  tired  of  the  place,  and  resigned  to 


*But  recently  ofUcially  resident  in  Kentucky. 


298   MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

go  abroad,*  and  was  succeeded  by  his  son,  Stevens 
Thompson  Mason,  who  on  the  taking  effect  of  Gover- 
nor Cass's  resignation  became  acting  governor  of  Michi- 
gan, being  yet  under  twenty-one  years  of  age. 

He  became  one  of  the  most  picturesque  figures  in 
Michigan  history,  and  as  "the  Boy  Governor,"  and  the 
first  elected  governor  of  the  new  state,  his  name  became 
one  of  the  best  known  in  the  annals  of  the  state. 

He  was  twice  elected  governor  of  the  state;  the  first 
time  before  the  admission  of  the  state  into  the  Union 
November  3,  1835,  and  the  second  time  November, 
1837,  entering  on  his  duties  January  i,  1838,  and  hold- 
ing until  the  election  of  William  Woodbridge  in  1840. 

During  his  last  term  Governor  Mason  was  much 
absent  from  the  state,  and  Edward  Mundy  was  acting 
governor  in  his  place. 

At  the  end  of  his  term  Mason  removed  from  the  state 
to  New  York  City,  to  engage  in  the  practice  of  the  law, 
where  he  died  January  4,  1843,  ^^  the  early  age  of  31 
years.  So  ended  the  meteoric  career  of  Michigan's 
"Boy  Governor."  When  he  first  became  acting  gover- 
nor in  1 83  I,  a  mass  meeting  of  the  citizens  of  Detroit 
(the  capital)  was  held  to  protest  to  the  president  against 
the  appointment  of  a  boy  to  preside  over  the  destinies  of 
the  rapidly  growing  territory,  and  to  secure  his  removal. 
Mason  had  notice  of  the  meeting,  and  at  once  appeared 
before   the   committee   of   five    appointed   to   wait   on 


♦There  seems  some  question  in  regard  to  the  cause  of  General 
Mason's  resignation,  but  it  is  supposed  he  went  abroad  in  some 
capacity  as  the  representative  of  President  Jackson.  It  is  also 
claimed  that  he  went  to  Mexico  on  some  business  speculation. 


MICHIGAN  AS  A  TERRITORY  299 

him,  answered  the  speeches  that  had  been  made,  and 
plead  his  own  case  with  such  earnestness,  modesty  and 
good  sense,  that  he  won  the  hearts  of  the  majority.  He 
stated  explicitly  that  the  president  knew  his  age  when 
he  appointed  him,  and  that  he  did  it  with  deliberation, 
and  for  reasons  well  understood  by  the  president  in  view 
of  the  absence  of  his  father  abroad.  He  promised  in 
important  matters  to  consult  the  wise  counsellors  of  the 
territory;  and  from  that  time  forw^ard  threw  himself 
so  earnestly  and  unreservedly  into  the  cause  of  the  ter- 
ritory and  state  as  to  become  popular,  and  to  be  greatly 
regretted  on  his  removal  from  the  state  and  lamented  at 
his  untimely  death. 

Soon  after  the  resignation  of  Governor  Cass,  George 
B.  Porter,  of  Pennsylvania,  was  appointed  to  succeed 
him,  but  it  was  not  until  June,  1832,  that  he  appeared 
and  assumed  the  functions  of  the  office,  and  from  that 
time  until  his  death,  July  6, 1834,  he  was  absent  from  the 
territory  a  considerable  part  of  the  time,  and  young 
Mason  (who  meanwhile  bad  been  confirmed  by  the  sen- 
ate) during  his  absence  continued  to  execute  the  duties 
of  the  office. 

On  the  death  of  Governor  Porter,  Mason  once  more 
became  governor,  and  by  this  time  having  attained  the 
mature  age  of  twenty-three,  he  convened  the  legislative 
council  in  special  session,  to  take  steps  to  organize  a  state 
government. 

The  vote  of  1832  and  the  memorial  of  the  legislative 
council  in  favor  of  statehood  had  received  scant  courtesy 
at  the  hands  of  Congress.    The  fact  was  that  Ohio,  with 


300     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

her  two  senators  and  nineteen  representatives,  had  de- 
termined that  Michigan  should  not  come  into  the  Union 
on  an  equal  footing  until  that  state  had  gained  possession 
of  the  "Toledo  strip"  and  the  mouth  of  the  Maumee 
river.  On  September  i,  1834,  the  Michigan  Legislative 
Council  assembled  at  Detroit,  having  been  summoned  by 
Governor  Mason. 

On  that  day  he  addressed  them  a  special  message  in 
which  he  said: 

"The  leading  purpose  of  your  present  session  contemplates  the 
speedy  admission  of  Michigan  into  the  Union.  Preliminary  and  es- 
sential to  the  effectuation  of  this  desirable  object  a  census  of  the 
inhabitants  of  the  Peninsula,  as  well  as  of  those  west  of  Lake  Michi- 
gan ought,  it  is  respectfully  suggested,  to  be  immediately  ordered 
and  taken. 

Congress  under  the  influence  of  the  policy  which  at  present 
guides  their  deliberations,  have  failed  to  accede  to  the  reiterated  ap- 
plications of  Michigan,  with  a  population  greater  by  far  than  that 
of  other  territories,  for  power  to  form  a  constitution  and  state  gov- 
ernment. She  has  but  one  course  left  for  the  assertion  of  her 
equal  rights.  It  is  to  ascertain  her  population,  which  is  beyond 
doubt,  more  than  sixty  thousand,  to  proceed  in  that  event  to  the 
calling  of  a  convention  for  the  institution  of  a  state  government  and 
to  the  election  of  a  representative  and  senators  to  Congress.  The 
State  of  Michigan  will  then  have  a  right  to  demand  admission  into 
the  Union." 

Here  was  a  program  bold,  direct  and  unequivocal,  a 
program  which  was  then  adopted  and  carried  through; 
and  though  Ohio,  with  her  great  power  and  influence 
was  able  to  hold  off  the  admission  of  the  state  until  the 
"Toledo  strip"  had  been  wrested  from  her,  yet  when 
Michigan's  first  senators  and  representative  took  their 
seats  in  Congress,  it  was  under  this  program,  and  with- 
out any  "enabling  act"  of  Congress,  previously  obtained. 


MICHIGAN  AS   A  TERRITORY  3OI 

Here  was  an  example  of  democracy  in  its  first  degree; 
the  people  assuming  to  themselves  their  fundamental 
rights  under  the  compact  of  the  Ordinance  of  1787. 

It  was  a  new  departure  and  gave  rise  to  violent  pro- 
test and  denunciation  in  Congress,  but  it  went  through, 
and  Michigan  became  an  example  of  a  state  breaking 
into  the  Union,  rather  than  inducted  by  an  enabling  act. 

It  Is  to  be  wished  that  this  whole  message  might  be 
embodied  in  this  history,  as  one  of  the  memorabilia  of 
our  past.  But  only  one  other  paragraph  can  be  here 
quoted. 

"I  need  not  recur  at  this  time  to  the  argument  by  which  our 
right  to  our  southern  boundary,  as  claimed  by  Michigan,  has  been 
and  may  be  incontestably  maintained,  but  simply  refer  you  to  the 
able,  unanswered  and  unanswerable  views  of  our  delegate  to  Con- 
gress last  session,  a  copy  of  which  is  herewith  transmitted  to  be 
spread  upon  your  journals,  there  to  remain  whatever  may  be  the 
final  decision  of  the  question,  as  an  indelible  record  of  the  unright- 
eous and  unwarrantable  claim  of  Ohio."* 

Appended  to  the  message  of  the  governor  is  the  argu- 
ment of  Lucius  Lyon,  delegate  in  Congress,  addressed  to 
the  committee  on  territories  of  the  house  of  representa- 
tives, certainly  a  most  able,  complete,  and  exhaustive 
presentation  of  the  case,  which  has  never  been  answered, 
but  simply  overborne  by  superior  force. 


♦Appeal  of  the  Convention,  No.  XVI  p.  56. 


CHAPTER  XXII 

The  Boundary  Dispute  with  Ohio  Continued. 
The  "Toledo  War" 


U-90 


IT  may  seem  to  us  now  that  this  boundary  question, 
which  was  settled  on  the  admission  of  Michigan 
as  a  state  into  the  Union,  is  unworthy  of  so  ex- 
tended notice.  But  we  are  writing  the  history 
of  Michigan  in  the  territorial  period,  as  it  then 
occurred,  and  no  question  during  that  period — not  even 
the  War  of  1812 — aroused  such  profound  interest  or 
drew  out  such  prolonged  and  Intense  agitation  and  dis- 
cussion as  the  "boundary  war,"  especially  from  1832  to 

1837. 

The  people  of  the  territory  felt  deeply  that  their  plain 

rights  were  invaded  and   disregarded,    and   they   were 
ready  to  fight  for  them  with  arguments  or  arms. 

The  echoes  of  that  controversy,  involving  as  it  did  the 
admission  of  Michigan  into  the  Union,  have  long  since 
died  away,  and  it  is  an  almost  unknown  history  to  the 
great  body  of  the  people  of  Michigan  of  the  present 
day.  The  boundless  noise  and  tumult  of  the  great  slav- 
ery agitation,  from  1845  ^^  1861,  and  the  even  greater 
tumult  of  the  Civil  War,  completely  drowned  the  lesser 
noises  that  had  gone  before;  but  in  their  day  they  were 
momentous  issues  that  stirred  the  whole  body  politic, 
and  became  national  questions  on  which  parties  divided, 
and  which  brought  out  one  of  the  greatest  debates  in  the 
history  of  the  senate  of  the  United  States,  in  which  such 
giants  as  Thomas  H.  Benton,  Henry  Clay,  Joh^  C. 
Calhoun,  John  Quincy  Adams,  John  M.  Clayton  and 
James  Buchanan  and  many  more  took  part,  and  in 
which  Thomas  Ewing  of  Ohio,  was  the  bitter,  per- 
sistent and  uncompromising  opponent  of  Michigan. 

305 


306  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

To  the  present  generation  it  is  ancient  history,  and 
for  that  very  reason  it  may  be  the  more  interesting  to 
recall  it,  and  more  especially  for  the  reason  that  the 
popular  histories  of  the  state  have  no  more  than  a  brief 
account  of  it,  and  especially  of  its  legislative  history. 

On  the  7th  of  March,  1835,  President  Jackson  refer- 
red the  papers  relating  to  the  boundary  question  to  the 
attorney  general  of  the  United  States,  then  B.  F.  Butler 
of  New  York,  a  distinguished  lawyer;  and  on  March 
2ist,  he  rendered  his  opinion  that  the  assent  of  Con- 
gress had  not  been  given  to  "the  actual  and  present 
extension  of  the  northern  boundary,"  and  "thirdly,  that 
until  this  last  mentioned  assent  shall  have  been  given 
by  Congress,  the  tract  in  dispute  must  be  considered  as 
forming,  legally,  a  part  of  the  territory  of  Michigan." 

On  December  26,  1834,  the  territorial  council  of 
Michigan  had  passed  an  act  providing  for  thfe  appoint- 
ment of  three  commissioners,  to  negotiate  and  settle  all 
disputes  in  regard  to  the  southern  boundary  of  the  ter- 
ritory. 

To  this  conciliatory  movement.  Governor  Robert 
Lucas,  of  Ohio,*  responded  by  a  special  message  to  the 
legislature  of  that  state,  under  date  of  February  6,  1835, 
in  which  he  said : 

"I  have  received  from  the  acting  governor  of  the  Territory  of 
Michigan  a  communication  enclosing  a  copy  of  an  act  passed  by 


*Governor  Robert  Lucas  was  born  in  Virginia  in  1781,  removed 
to  Ohio  as  a  boy,  was  a  member  of  the  state  legislature,  brigadier 
general  of  militia  in  1813.  Governor  of  the  state  from  1832  to  1836. 
After  that  was  appointed  governor  of  the  territory  of  Iowa,  which 
continued  his  place  of  residence  until  his  death  in  1853. 


MICHIGAN  AS  A  TERRITORY  307 

the  legislative  council  of  the  territory,  providing  for  the  appoint- 
ment of  commissioners  to  adjust  the  boundary,"  etc.  "In  the 
present  case  we  cannot  admit  that  the  legislative  council  of  the 
Territory  of  Michigan  had  any  r:ght  to  authorize  a  negotiation  on 
the  subject  of  a  boundary,  or  that  any  arrangement  entered  into 
with  commissioners  appointed  under  their  authority  would  be  bind- 
ing even  on  Michigan  herself,  after  she  might  become  an  independent 
state."  He  then  recommends  "the  passage  of  a  declaratory  act,  de- 
claring that  all  counties  bordering  on  the  northern  boundary  of  the 
state  of  Ohio  shall  extend  to  and  be  bounded  on  the  north  by  the 
line  running  from  the  southern  extremity  of  Lake  Michigan  to  the 
most  northern  cape  of  Maumee  bay  *  *  *  and  that  the  county 
and  township  officers  within  these  counties  and  townships  be  directed 
to  exercise  jurisdiction  within  their  respective  counties  and  town- 
ships thus  extended."* 

The  Michigan  Territorial  Council,  on  February  12, 
1835,  made  response  to  this  action  of  the  governor  and 
legislature  of  Ohio  by  the  passage  of  "An  act  to  prevent 
the  exercise  of  a  foreign  jurisdiction  within  the  limits 
of  the  Territory  of  Michigan,"  punishing  by  heavy  fines 
and  imprisonment  any  person  who  should  "exercise  or 
attempt  to  exercise  any  official  functions"  within  the 
limits  of  the  territory  or  any  county  thereof  "by  virtue 
of  any  commission  or  authority  not  derived  from  this 
territory,"  or  from  the  United  States,  and  punishing 
in  like  manner  any  person  residing  within  the  limit  of 
the  territory,  who  should  accept  any  office  from  any 
authority  other  than  the  Territory  of  Michigan  or  of 
the  United  States. 

The  legislature  of  Ohio  promptly  passed  the  law 
as  recommended  by  Governor  Lucas,  thus  forcibly 
extending  jurisdiction  over  a  strip  of  land  about  seven 


*Appeal  of  the  convention,  146 


308  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

miles  wide,  along  the  southern  border  of  Michigan  terri- 
tory, over  which  the  latter  had  exercised  unquestioned 
jurisdiction  for  thirty  years.  In  the  "Appeal  of  the 
Convention,"  issued  by  the  constitutional  convention 
June  I,  1835,  at  page  129,  will  be  found  a  most  illum- 
inating expose  by  Austin  E.  Wing,  who  had  been  terri- 
torial delegate  1 831-1833,  and  whose  residence  at  Mon- 
roe near  the  disputed  strip  gave  him  exceptional  facili- 
ties for  observing  the  causes  and  development  of  the  con- 
troversy.* 

Under  date  of  May  15,  1835,  he  says:  "Although 
the  legislature  of  Ohio  promptly  responded  to  the  call 
(of  the  governor)  and  passed  the  law,  neither  of  the 
objects  has  yet  been  accomplished.  The  standard  of 
nullification  was  unfurled  and  under  the  authority  of 
that  anomolous  law,  the  chief  executive  officer  of  the 
state,  accompanied  by  major  generals,  colonels  and 
divers  platoons  of  drafted  militia,  was  with  all  the 
pomp  and  parade  of  an  invading  army  dispatched  to  the 
northern  frontier  of  the  state,  to  awe  into  instant  sub- 
mission the  contumacious  governor  of  Michigan  and  its 
handful  of  enterprising  citizens,  to  run  the  line  now 
demanded  by  Ohio."  In  reading  this  contemporane- 
ous statement  some  allowance  must  be  made  for  the 
excitement  of  the  time,  but  it  sufficiently  indicates  exist- 
ing feeling  and  the  result  that  should  have  been  fore- 
seen. 

Ohio  attempted  to  establish  her  jurisdiction  over  the 


*Monroe  County,  Michigan,  had  since  181 7,  included  the  east' 
ern  portion  of  the  "Toledo  strip." 


MICHIGAN  AS  A  TERRITORY  309 

disputed  territory  by  force,  and  called  out  her  militia  to 
enforce  her  claim.  Thereupon  Governor  Mason  called 
out  the  Michigan  militia  as  a  posse  comitatus  to  assist 
the  civil  officers  of  Michigan  in  maintaining  and  enforc- 
ing her  jurisdiction  over  the  strip  which  had  been  hers 
since  1805. 

The  Ohio  militia  occupied  one  bank  of  the  Maumee, 
the  Michigan  posse  comitatus — some  of  them  organized 
in  a  military  way,  and  under  command  of  military 
officers,  occupied  the  opposite  bank.  A  surveyor  acting 
under  the  authority  of  Ohio  within  the  disputed  strip, 
was  arrested  under  the  Michigan  law  heretofore  recited; 
thfe  person  arrested  was  rescued  by  the  Ohio  party,  and 
prosecutions  of  the  rescuers  followed;  the  service  of 
process  being  effected  with  the  aid  of  the  posse  comitatus 
— that  is  by  the  militia.  The  situation  had  become  so 
strained  and  the  conditions  so  liable  to  bring  on  an 
armed  collision,  that  President  Jackson  and  his  cabinet 
were  very  anxious  lest  such  a  collision  might  take  place 
as  would  compel  the  President,  under  the  opinion  of 
the  attorney  general,  to  take  sides  against  Ohio,  which 
would  prove  very  embarrassing  as  that  state  now  had 
twenty-one  electoral  votes,  while  Michigan  had  none. 
The  administration,  therefore,  undertook  the  role  of 
pacificator,  and  proceeded  to  patch  up  a  peace  between 
the  belligerents ;  and  for  that  purpose,  dispatched  Ben- 
jamin C.  Howard,  a  distinguished  democrat  of  Mary- 
land, and  Richard  Rush,  a  well  known  statesman  and 
friend  of  the  President,  as  personal  commissioners,  to 
seek  to  bring  about  a  peaceable  arrangement  and  com- 


3IO     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

promise.  These  commissioners  were  directed  by  the 
President,  on  the  9th  of  May,  1835,  to  inform  the  gov- 
ernor of  Ohio  "That  whenever  the  crisis  referred  to  in 
the  concluding  part  of  the  attorney  general's  opinion 
shall  arrive  (resistance  by  force  to  the  laws  of  the 
United  States)  in  which  the  power  of  the  civil  officers 
shall  be  inadequate  to  the  execution  of  their  duties,  it 
w  ill  be  the  duty  of  the  President  to  employ  the  means 
placed  in  his  hands  by  the  constitution  and  laws  to  main- 
tain their  supremacy;  and  that,  however  painful  it  may 
be,  it  is  a  duty  which  he  is  determined  to  perform."* 

The  secretary  of  state  of  the  United  States  in  a  letter 
to  Acting  Governor  Mason  (April  20,  1835),  said 
"The  President  considers  it  proper  that  the  civil  juris- 
diction of  Michigan  should  be  sustained,  and  the  acts  of 
Congress  establishing  the  territory  fully  executed  until 
they  are  repealed  or  modified  by  Congress."! 

When  the  "Peace  Commissioners"  arrived  at  the 
Maumee,  they  proposed  to  the  ^wo  governors  a  com- 
promise on  the  following  basis : 

1.  The  pending  prosecutions  under  the  act  of  Febru- 
ary 12,  1835,  shall  be  discharged  and  discontinued. 

2.  That  no  new  prosecutions  shall  be  commenced. 

3.  That  the  "Harris  line"  shall  be  run  and  re-marked 
by  the  authorities  of  Ohio,  without  interruption  from 
those:  of  Michigan. 

4.  That  no  forcible  opposition  be  made  by  the  author- 
ities of  Ohio'  or  Michigan  to  the  exercise  of  jurisdiction 


♦Appeal  171. 

tAppeal    171. 


JAMES  BLANK  DOTY 


MICHIGAN  AS  A  TERRITORY  3  I  I 

by  the  other  upon  the  disputed  territory  within  the  time 
specified;  the  citizens  residing  upon  the  disputed  terri- 
tory resorting  to  one  jurisdiction  or  the  other,  as  they 
may  prefer," 

Ohio,  by  her  legislature,  acceded  to  the  proposals,  for 
she  had  nothing  to  lose  thereby  and  all  to  gain. 

Her  citizens  would  be  released  from  prosecution,  no 
new  prosecutions  begun,  the  "Harris  line"  would  be 
run  and  marked,  and  more  important  than  all,  she  would 
gain  a  quasi  jurisdiction  over  the  disputed  strip,  with  the 
acquiescence  of  Michigan.  Governor  Mason,  on  the 
other  hand,  after  conference  with  his  advisors,  promptly 
rejeted  the  compromise;  but  referred  it  to  the  terri- 
torial council,  which  he  called  in  special  session  August 
I7>  1835.  A  committee  of  the  council  of  which  James 
Duane  Doty  was  chairman,  reported  on  August  19,  sus- 
taining the  governor.  In  its  report  the  committee  said 
"We  are  not,  therefore,  disposed  to  regard  these  prop- 
ositions as  emanating  from  the  President,  but  rather  as 
the  suggestions  of  two  eminent  individuals  which  were 
promptly  and  properly  rejected  by  the  executive  of 
Michigan.  *  *  *  Your  committee  does  not  deem 
it  advisable  to  investigate  the  merits  of  this  arrange- 
ment,, as  they  are  of  the  opinion  that  it  is  entirely 
incompetent  for  this  council  to  enter  into  any  arrange- 
ment to  permit  the  exercise  of  a  foreign  jurisdiction 
within  the  limits  of  Michigan  established  by  the  ordin- 
ance and  acts  of  Congress." 

On  the  next  day,  August  20,  1835,  the  report  of  the 
committee  was  unanimously  adopted.     But  already,  on 


3  I  2     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

June  1st,  the  constitutional  convention,  which  had  been 
elected  in  April  and  assembled  on  May  ii,  a  very  full 
and  large  representative  body  of  the  people  of  the  ter- 
ritor}^  had  resolved  "That  no  obstruction  or  impedi- 
ment will  or  ought,  in  their  opinion,  to  be  interposed 
by  the  people  or  authorities  of  this  territory  to  prevent 
the  running  or  re-marking  of  the  line  called  "Harris's 
line,"  nor  any  prosecutions  instituted  therefore,  pro- 
vided the  same  be  accompanied  on  the  part  of  Ohio,  by 
no  other  exercise  of  jurisdiction." 

The  crisis  was  passed.  Ohio  made  no  further  attempt 
to  take  forcible  possession  of  the  "Toledo  strip,"  but 
consented  to  take  her  case  to  Congress  where  her  very 
large  and  able  representation  gave  her  great  advantage. 

The  militia  was  withdrawn  from  the  Maumee  on 
both  sides,  and  the  "Toledo  War"  was  over  for  the  pres- 
ent. There  had  been  no  actual  bloodshed,  though  there 
had  been  some  affrays,  which  might  easily  have  devel- 
oped intO'  bloody  reprisals.  The  whole  power  and  influ- 
ence of  the  administration  were  exerted  to  prevent  this. 

Thenceforward  the  contest  proceeded  in  the  halls  of 
Congress  only  to  come  to  an  end  on  January  26,  1837, 
when  Michigan  was  admitted  to  the  Union,  shorn  of  the 
"Toledo  strip,"  but  with  the  addition  of  that  extensive 
and  rich  iron,  copper  and  forest  country  lying  west  of 
the  line  between  Mackinac  and  Schoolcraft  counties  In 
the  upper  peninsula. 

It  has  been  a  matter  of  much  discussion  why  Ohio 
after  acquiescing  so  long  in  the  boundary  of  Michigan 
as  established  three  years  after  the  admission  of  Ohio 


MICHIGAN  AS  A  TERRITORY  313 

into  the  Union,  should  suddenly  become  so  importunate 
and  so  bellicose  upon  the  subject. 

The  explanation  as  given  by  Austin  E.  Wing  in  his 
letter  to  John  Biddle,  president  of  the  constitutional 
convention,  May  15,  1835,  is  that  a  large,  wealthy  and 
influential  land  and  town-site  company  organized  at 
Cincinnati,  had  acquired  very  extensive  landed  interests 
at  the  mouth  of  the  Maumee  river,  where  they  proposed 
laying  out  a  city,  and  to  make  there  the  terminus  of 
the  western  Ohio  and  Indiana  canal,  one  of  the  numer- 
ous internal  improvements  at  that  time  proposed. 

Being  an  Ohio  company  and  composed  of  citizens  of 
that  state,  familiar  with  the  public  men  and  interests  of 
that  commonwealth,  they  naturally  preferred  to  build 
their  city  and  harbor  within  their  own  state  rather  than 
in  a  territory  with  which  they  had  no  relation  save  the 
ownership  of  this  property.  Whether  this  is  a  correct 
explanation  or  not  is  now  quite  immaterial.  For  many 
years  Michigan  has  ceased  to  regret  the  outcome  of  the 
controversy,  however  brought  about,  and  however  con- 
trary to  the  just  merits  of  the  case  at  the  time. 


CHAPTER  XXIII 
The  Battle  for  Statehood 


IT  has  been  already  stated  that  the  struggle  for 
statehood  and  the  controversy  with  Ohio  over 
the  old  boundary,  in  which  that  state  counted 
upon  her  vast  numerical  superiority  and  her 
large,  able  and  influential  representation  in 
Congress  to  give  her  the  victory,  became  merged  in  a 
single  contest,  eventually  settled  by  a  compromise. 

We  have  seen  that  early  in  1834  the  territorial  coun- 
cil of  Michigan  memorialized  Congress  for  the  passage 
of  an  act  to  enable  them  to  proceed  to  form  a  state  con- 
stitution and  organize  a  state  government,  in  accordance 
with  the  provisions  of  the  Ordinance  of  1787;  and  on 
May  9,  1834,  we  find  that  the  senate  of  the  United 
States  took  up  and  proceeded  to  consider  "A  bill  to 
authorize  the  People  of  Michigan  territory  to  form  a 
separate  state  government." 

At  once  the  fight  began.  Senator  Ewing  of  Ohio, 
moved  to  lay  the  bill  on  the  table,  as  the  senate  was  thin, 
and  the  subject  was  Important.  Senator  Tipton  (Indi- 
ana) urged  its  consideration  without  delay.  Yeas  and 
nays  resulted  14  to  20. 

This  was  the  first  skirmish  In  the  long  campaign.  Sen- 
ator Tipton  was  at  this  time  an  ardent  friend  of  state- 
hood for  Michigan,  and  made  an  eloquent  plea  for  the 
people  of  the  territories.  Among  other  things  he  said: 
"We  might  as  well  undertake  to  stay  the  hand  of  time 
as  to  prevent  the  growth  and  power  of  the  freemen  who 
will  inhabit  the  valley  west  of  the  Alleghany  mountains, 
and  between  the  great  lakes  and  the  Gulf  of  Mexico." 

317 


31  8  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

How  true  a  prophet  he  was,  the  years  have  demon- 
strated. 

John  M.  Clayton  of  Delaware,  said  "he  had  no  objec- 
tion to  the  bill,  but  the  question  of  settling  the  northern 
boundary  of  Ohio  was  before  the  Judiciary  Committee, 
and  he  thought  this  bill  ought  not  to  be  passed  until  that 
was  settled;"  and  on  motion  of  Senator  Clayton  the  bill 
was  laid  on  the  table.     (17  Debates  1719). 

On  May  12th  the  Michigan  bill  again  came  up  and 
on  motion  of  Senator  Ewing  it  was  again  laid  on  the 
table  by  a  vote  of  20  to  19.     (17  Debates  1724). 

On  June  5,  1834,  the  bill  "to  establish  the  northern 
boundary  of  the  State  of  Ohio"  was  taken  up  in  the 
senate.  This  bill  placed  the  boundary  on  the  "Harris 
line."  Senator  Ewing  spoke  at  great  length  in  favor  of 
the  bill.  Senator  Tipton  opposed  the  bill.  He  said: 
"Michigan  was  put  in  possession  of  this  tract  of  country 
many  years  ago  by  the  Congress  of  the  United  States. 
She  has  organized  her  counties,  created  her  court  houses 
and  other  public  buildings,  and  made  all  her  local 
arrangements  over  the  territory  now  in  dispute,  and  it 
would  be  unjust  to  take  it  from  'h'er."  (17  Debates 
1899-1900). 

After  further  debate  a  motion  to  postpone  indefi- 
nitely was  defeated,  yeas  9,  nays  30.  The  bill  then 
passed  30  to  9.     (17  Debates  1724). 

But  this  was  by  no  means  the  end.  The  boundary  bill 
came  up  in  the  house  of  representatives  June  11,  1834. 
Lyon  of  Michigan,  moved  to  refer  it  to  the  committee 
on  judiciary.    Allen  of  Ohio,  opposed  the  reference  and 


MICHIGAN  AS  A  TERRITORY  319 

spoke  at  length  in  favor  of  the  boundary  as  fixed  by  the 
bill.  The  debate  on  Lyon's  motion  continued  the  next 
day.  On  the  13th  of  June  the  bill  was  committed  to  a 
special  committee  of  seven.  On  June  28th  the  Presi- 
dent approved  an  act  to  attach  all  the  territory  of  the 
United  States  west  of  the  Mississippi  and  north  of 
Missouri  and  east  of  the  Missouri  to  the  Territory  of 
Michigan,  and  on  June  30th  the  twenty-third  Congress 
adjourned  leaving  both  the  statehood  bill  and  the  bound- 
ar}'  bill  in  suspense,  and  neither  was  passed  at  the  ensu- 
ing short  session  ending  March  3,  1835. 

On  January  7,  1835,  ^^^  senate  again  passed  the  Ohio 
boundary  bill,  amended  so  as  to  include  the  boundaries 
of  Indiana  and  Illinois.  (20  Debates  117).  TMs 
amendment  was  a  move  of  the  Ohio  delegation  to  secure 
the  votes  of  these  two  states  in  the  contest  with  Michi- 
gan. 

The  twenty-fourth  Congress  assembled  December 
7th,  1835,  with  George  W.  Jones  (from  west  of  Lake 
Michigan)  as  delegate  from  Michigan  territory.  Mar- 
tin Van  Buren  was  vice-president  and  president  of  the 
senate,  James  K.  Polk  was  speaker  of  the  house  of  rep- 
resentatives, and  Thomas  Ewing  and  Thomas  Morris 
were  still  senators  from  Ohio. 

But  since  the  adjournment  something  had  happened. 

Michigan,  disgusted  with  the  inattention  of  Congress  to 

her  memorials,  and  tired  of  waiting  for  that  body  to 

pass  an  "enabling  act"  had  "taken  the  bits  in  her  teeth," 

and  had  called  a  constitutional  convention,  which  had 

met  at  Detroit  on  May  nth,  1835. 
I  J. 21 


320     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

It  was  one  of  the  ablest  bodies  of  men  over  assembled 
in  Michigan.  It  embraced  in  its  membership  future  con- 
gressmen, United  States  senators,  several  governors,  a 
justice  of  the  Supreme  Court,  a  United  States  judge,  and 
a  cabinet  ojfficer. 

They  framed  a  constitution  simple  and  strong,  which 
served  the  state  as  its  fundamental  law  until  the  new 
constitution,  still  In  force,  went  into  operation  In  185  i, 
and  for  the  purposes  of  a  young  state  was  far  superior 
to  the  latter,  with  all  its  complex  special  legislation, 
engrafted  upon  a  constitution.  It  was  a  new  departure 
In  assumption  of  statehood  without  enabling  act  or  sanc- 
tion of  Congress  first  obtained.  This  constitution  was 
almost  a  declaration  of  Independence.* 

The  convention  adjourned  on  June  24th',  after  hav- 
ing made  Its  "appeal  to  the  people  of  the  United  States," 
so  frequently  referred  to  in  the  preceding  chapters. 

The  constitution  was  adopted  by  the  people  at  an  elec- 
tion held  In  the  following  October,  by  a  vote  of  6,299  ^^ 
i»359  against. 

John  BIddle,  former  delegate  In  Congress,  was  presi- 
dent of  the  convention,  and  Charles  W.  Whipple  and 
Marshall  J.  Bacon  of  Detroit,  were  secretaries.  Among 
the  members  were  John  Norvell  and  Lucius  Lyon,  first 
United  States  senators  from  the  state;  Isaac  E.  Crary, 
first  member  of  Congress;  governors  William  Wood- 
bridge,  Robert  McClelland,  Edward  Mundy  and  John 
S.  Barry;    judges  Ross  Wllklns  and  Randolph  Man- 


*See  note  at  end  of  this  chapter. 


MICHIGAN  AS   A  TERRITORY  32  I 

ning,  also  John  J.  Adam,  future  auditor  general  of  the 
state.    McClelland  also  became  secretary  of  the  Interior. 

As  the  census  of  1834  had  shown  a  population  largely 
in  excess  of  the  requirement  of  the  Ordinance  of  1787, 
for  the  organization  of  a  state  government  (namely 
60,000)  and  as  they  thought  they  knew  that  their  con- 
stitution was  "republican  in  form,"  they  conceived  that 
under  the  "Compact"  between  the  United  States  and  the 
people  of  the  Northwest  Territory,  Michigan  was  "of 
right"  entitled  to  organize  a  state  government  for  her- 
self, and  to  be  admitted  Into  the  Union. 

She  had,  therefore,  at  the  time  the  constitution  was 
submitted  to  the  vote  of  the  people,  elected  a  governor 
and  lieutenant  governor  and  members  of  the  legislature, 
under  the  constitution,  also  a  member  of  Congress,  and 
prepared  to  put  the  machinery  of  the  state  In  full  opera- 
tion. Under  the  new  constitution,  the  other  state  officers 
were  appointed  by  the  governor,  either  with  or  without 
the  advice  and  consent  of  the  senate,  except  the  state 
treasurer,  who  was  chosen  by  the  legislature. 

Secretary  and  acting  governor,  Stevens  T.  Mason, 
was  elected  first  governor  under  the  constitution,  and 
Edward  Mundy  of  Ann  Arbor,  who  had  been  a  member 
of  the  constitutional  convention  from  Washtenaw 
county,  was  chosen  lieutenant  governor. 

The  following  were  duly  appointed  state  officers : 

Kintzing  Pritchett,  secretary  of  state. 

Henry  Howard,  state  treasurer. 

Robert  Abbott,  auditor  general. 

Daniel  Le  Roy,  attorney  general. 


322      MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

John  D.  Pierce,  superintendent  of  public  instruction. 

The  last  named  of  these,  the  Reverend  John  D. 
Pierce,  who  continued  in  office  until  April,  1841,  has 
left  a  very  lasting  monument  to  himself  In  the  public 
school  system  of  the  State  of  Michigan,  which  he  worked 
out,  It  Is  said.  In  collaboration  with  Isaac  E.  Crary  of 
Marshall,  the  first  member  of  Congress  from  the  new 
state. 

Mr.  Crary  was  bom  In  Connecticut,  and  was  educated 
in  the  public  schools  of  that  state;  studied  law,  and  came 
west  with  the  tide  of  emigration,  and  settled  In  the  prac- 
tice of  the  law  at  Marshall,  the  county  seat  of  the  new 
county  of  Calhoun. 

In  the  militia  organization  of  the  state  he  was  nom- 
inally a  brigadier  general,  from  which  circumstance  he 
was  popularly  known  as  "General"  Crary.  He  repre- 
sented the  state  in  Congress  from  1835  to  1841  or, 
rather,  from  the  day  the  state  was  admitted  to  1841. 

John  Davis  Pierce  was  born  In  New  Hampshire 
In  1797,  graduated  at  Brown  University,  studied  for 
ministry,  and  for  a  number  of  years  was  a  teacher  in 
schools  of  the  higher  class.  He  came  to  Michigan  as  a 
congregational  home  missionary.  In  1831,  and  settled  at 
Marshall.  These  two  New  England  men  were  drawn 
together  In  the  little  frontier  Michigan  town,  and  jointly 
labored  In  working  out  Michigan's  first  public  free 
school  law,  on  which  the  high  standing  of  the  state  is  to 
a  great  extent  based.  It  Is  said,  too,  that  the  young  gov- 
ernor was  often  consulted  In  the  formation  of  the  school 
law,  which  did  not  however,  become  practical  until  after 


MICHIGAN  AS  A  TERRITORY  323 

the  admission  of  the  state.  General  Crary  was  a  gentle- 
man of  considerable  ability,  both  as  a  lawyer  and  as  a 
public  man,  but  in  an  evil  hour  he  allowed  himself  to  be 
put  forward  to  make  a  speech  in  Congress  against  the 
military  record  of  General  Harrison,  and  when  Thomas 
Corwin  of  Ohio  had  completed  his  sarcastic  reply,  John 
Quincy  Adams  of  Massachusetts  referred  to  Mr.  Crary 
as  "the  late  General  Crary  of  Michigan." 

Unfortunately  the  sarcasm  has  been  remembered 
longer  than  any  of  the  really  valuable  services  of  Michi- 
gan's first  representative. 

The  governorship  of  the  territory  passed  through 
many  vicissitudes  during  the  closing  years  of  the  terri- 
torial period.  General  Cass's  resignation  took  effect 
August  I,  1 83 1,  and  Stevens  T.  Mason,  as  secretary,  be- 
came acting  governor. 

On  August  6th,  George  B.  Porter  of  Pennsylvania, 
was  appointed  to  succeed  Cass ;  but  Mason  appears  from 
the  record  to  h'ave  been  acting  governor  the  greater  part 
of  the  time  until  Governor  Porter's  death,  which  re- 
sulted from  an  attack  of  cholera  July  6th,  1834,  and 
then  Mason  once  more  became  acting  governor. 

On  account  of  Mason's  peremptory  refusal  to  accept 
the  terms  of  settlement  proposed  by  Rush  and  Howard, 
Jackson's  "Peace  Commissioners"  in  the  "Toledo  War," 
an  attempt  was  made  to  remove  him  as  secretary  and  act- 
ing governor,  by  the  appointment  of  Judge  Charles  Shal- 
er  as  his  successor,  August  29,  1835,  but  Shaler  declined 
the  appointment.  Shaler  had  been  a  resident  of  Clevei- 
land,  Ohio,  and  it  was  he  who  as  a  young  lawyer  had  vol- 


324     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

unteered  in  June,  1 8 1 2,  to  carry  the  dispatch  announcing 
the  declaration  of  war  to  General  Hull,  coming  up  with 
him  at  River  Raisin,  July  2,  18 12,  as  related  in  the  nar- 
rative of  Hull's  campaign.  He  then  accompanied  Hull's 
army  to  Detroit  where  he  remained  until  the  surrender; 
but  now  twenty-three  years  later,  he  had  no  inclination  to 
return  to  Michigan  in  the  existing  state  of  feeling  toward 
Ohio. 

On  the  15th  of  September,  1835,  President  Jackson 
appointed  John  S.  Horner  of  Virginia,  to  be  secretary  of 
Michigan,  in  place  of  Shaler,  declined. 

In  due  time  he  arrived  at  Detroit,  prepared  to  assume 
the  duties  of  secretary  and  acting  governor  of  the  terri- 
tory, so  far  as  he  should  be  permitted  so  to  do.  But 
there  was  an  almost  universal  disposition  at  Detroit  to 
stand  by  Governor  Mason  and  the  state  movement,  and 
to  let  the  new  acting  governor  severely  alone,  both 
socially  and  officially. 

Just  before  his  coming  there  had  been  a  decided  re- 
crudescence of  the  boundary  dispute,  and  a  second  edi- 
tion of  the  "Toledo  War."  Near  the  end  of  July,  1835, 
Governor  Lucas  of  Ohio  had  determined  to  make  anoth- 
er attempt  to  complete  the  re-marking  of  the  "Harris 
line,"  interrupted  on  the  arrival  of  the  "peace  commis- 
sion." The  President  exerted  his  influence  to  prevent 
Governor  Lucas  pressing  the  matter,  though  some  of 
the  surveying  party,  who  had  been  arrested  by  order  of 
Governor  Mason  "languished  in  durance  vile"  until  act- 
ing Governor  Horner  pardoned  them  and  ordered  their 
release. 


MICHIGAN  AS  A  TERRITORY  325 

But  Governor  Lucas,  acting  under  the  Ohio  law,  had 
ordered  a  court  to  be  held  at  Toledo  on  the  first  Monday 
in  September,  1835.  Troops  were  again  called  out  on 
both  sides.  The  judge,  under  cover  of  darkness,  and  an 
escort  of  twenty  mounted  men,  fully  armed,  entered 
Toledo  at  three  o'clock  in  the  morning  of  September 
7th,  and  went  through  the  farce  of  opening  court  in 
a  school  house,  by  the  light  of  "a  lantern  dimly  burn- 
ing." 

While  this  alleged  opening  of  court  was  going  on  in 
the  outskirts  of  the  town,  Colonel  Austin  E.  Wing  of 
Monroe,  with  a  hundred  "Wolverines"  was  in  the  cen- 
tral part  of  the  town  for  the  express  purpose  of  pre- 
venting the  holding  of  an  Ohio  court.* 

Apparently  satisfied  with  this  pro  forma  assertion  of 
Ohio  jurisdiction,  Colonel  Van  Fleet,  commanding  the 
Ohio  contingent,  withdrew  his  forces  beyond  the  Mau- 
mee,  and  General  Brown,  commanding  the  Michigan 
militia,  recalled  them  to  Monroe  and  disbanded  them, 
and  the  second  edition  of  the  Toledo  war  came  to  a 
bloodless  end. 

Such  was  the  situation  when  Secretary  Horner  arrived 
at  Detroit.  Public  feeling  was  greatly  excited.  The 
people  resented  the  removal  of  Governor  Mason.  At 
a  public  meeting  held  in  Detroit,  resolutions  supposed 
to  have  been  framed  by  a  future  United  States  senator, 
were  passed,  inviting  Governor  Horner  "to  return  to 
the  land  of  his  nativity." 

The  election  under  the  new  constitution  was  close  at 


*See  History  of  Seneca  County,  Ohio,  W.  Lang  1880. 


326     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

hand.  The  state  legislature  met  and  organized  Novem- 
ber 2nd,  and  on  the  3rd  Stevens  T.  Mason  was  inaugu- 
rated first  governor  of  the  state,  and  Horner's  occu- 
pation was  gone,  though  he  lingered  in  Michigan  during 
the  ensuing  winter. 

In  May  following  he  was  transferred,  as  secretary, 
to  the  region  west  of  Lake  Michigan,  now  organized 
as  the  Territory  of  Wisconsin,  and  disappeared  from 
Michigan  history  below  the  western  horizon. 

The  legislature  remained  in  session  until  November 
14th,  and  on  the  loth  chose  Lucius  Lyon  of  Bronson,* 
and  John  Norvell  of  Detroit,  first  United  States  sena- 
tors from  Michigan.  So  it  came  to  pass  that  when 
the  24th  Congress  assembled  on  December  7th,  1835, 
it  found  a  new-born  state  at  its  threshold,  with  two  sena- 
tors and  a  representative  waiting  to  take  their  seats. 

The  "statehood  bill"  and  "the  boundary  bill"  were 
both  dead  and  the  whole  matter  had  to  be  taken  up  de 
novo,  under  these  complicated  conditions. 

The  struggle  was  at  once  precipitated.  Some  very 
grave  and  far-reaching  questions  were  involved.  Could 
a  new  state  be  organized  without  a  previous  enabling 
act  of  Congress  ? 

Could  such  a  state  exist  without  Congress  having 
first  decided  that  her  constitution  was  "republican  in 
form"?  and  in  accord  with  the  Ordinance  of  1787? 
Could  there  be  such  a  thing  as  a  "state,"  in  the  sense  of 
the  constitution,  within  the  United  States,  and  not  a 
member  of  the  Federal  Union?     Was   such   a   state 


*Now  Kalamazoo. 


MICHIGAN  AS  A  TERRITORY  327 

entitled  to  admission  into  the  Union  as  a  matter  of 
right,  having  the  requisites  of  the  Ordinance  of  1787? 

These  were  some  of  the  questions  that  gave  pause  to 
our  statesmen.  The  question  was  further  compHcated 
by  the  near  approach  of  the  presidential  election  of 
1836. 

The  second  term  of  Andrew  Jackson  was  drawing  to 
its  close,  and  Martin  Van  Buren,  then  vice-president, 
was  heir  apparent  to  "Old  Hickory,"  and  he  might  need 
the  electoral  vote  of  Michigan,  which,  under  the  long 
and  influential  tutelage  of  Governor  Cass,  was  believed 
to  be  a  reliable  democratic  state,  if  state  it  could  be  con- 
sidered or  made.  The  administration  was  therefore 
desirous  that  Michigan  should  be  admitted  before  the 
election. 

But  the  situation  was  a  delicate  one  in  other  respects. 
Michigan  by  her  constitution  had  claimed  as  within 
her  boundary  not  only  the  Toledo  strip,  contested  by 
Ohio,  but  also  the  ten  mile  strip  from  Lake  Michigan  to 
the  Ohio  line,  which  had  formed  a  part  of  the  state  of 
Indiana  since  1816. 

By  this  course  she  had  alienated  and  arrayed  against 
her  not  only  the  Ohio  delegation  of  two  senators  and 
nineteen  representatives  but  also  the  two  senators  and 
eight  members  of  the  house  from  Indiana,  who  up  to 
this  time  had  been  most  faithful  advocates  of  Michi- 
gan's cause. 

Senator  Tipton  of  Indiana,  who  had  spoken  most 
eloquently  for  Michigan  on  the  boundary  bill  and  the 
enabling  act,   now  joined  hands  with  Senator  Ewing 


328      MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

of  Ohio,  the  most  bitter  opponent  of  Michigan,  in  bar- 
ring her  out,  unless  she  would  renounce  all  claim  to  the 
ten  mile  Indiana  strip. 

But,  so  far  from  doing  so,  Michigan  had  admitted 
the  inhabitants  of  that  strip  to  vote  on  the  constitution 
and  for  state  officers,  in  the  adjoining  counties  of  Mich- 
igan. This  seems  to  us  to  have  been  most  unwise.  The 
great  struggle  was  opened  on  December  10,  1835,  when 
President  Jackson  communicated  to  Congress  by  mes- 
sage "the  constitution  of  the  State  of  Alichigan." 

On  motion  of  Senator  Benton  (Mo.)  leader  of  the 
administration  senators,  it  was  voted  to  refer  it  to  a 
select  committee  of  five,  and  ordered  printed  with  the 
accompanying  documents. 

On  the  same  day  Senator  Benton  presented  the 
credentials  of  Lucius  Lyon  and  John  Norvell  elected  "as 
senators  for  the  term  of  six  years  from  the  fourth  of 
March  last,  from  the  Territory  of  Michigan,"  and 
moved  that  "the  courtesy  of  the  senate  be  extended  to 
them,  by  assigning  seats  to  the  new  senators,  in  the 
customary  mode  under  similar  circumstances,  on  the 
floor  of  the  senate."  Senator  Ewing  moved  to  lay  the 
motion  on  the  table,  which  was  done. 

On  the  15th  Senator  Benton  called  up  his  motion. 
Senator  Clay  said:  "The  first  question  is,  is  Michigan 
to  be  admitted  into  the  Union,  and  has  she  a  right  to 
send  senators.  When  that  is  decided,  everything  else 
would  follow  in  its  natural  and  appropriate  and  legiti- 
mate order." 

Senator  Benton  replied  to  Senator  Clay  at  length.  On 


MICHIGAN  AS  A   TERRITORY  329 

motion  of  Senator  Clayton  (of  Delaware)  the  motion 
again  was  laid  on  the  table.  So  ended  the  first  skirm- 
ish. 

December  21st  Senator  Ewing  (Ohio)  introduced 
"a  bill  to  define  and  settle  the  northern  boundary  of 
Ohio,"  and  addressed  the  senate  at  great  length. 

On  December  22nd  the  senate  elected  the  special  com- 
mittee "on  the  Michigan  matter"  as  follows:  Thomas 
H.  Benton  (chairman),  Silas  Wright  (N.  Y.)  John  M. 
Clayton  (Del.)  John  J.  Crittenden  (Ky.)  and  W.  C. 
Preston  (S.  C).  This  was  a  very  distinguished  com- 
mittee, and  to  It  was  ultimately  referred  the  whole 
"Michigan  matter"  including  the  constitution,  the 
boundary  and  admission  to  the  Union. 

Here  we  pause  before  the  final  struggle. 

Before  passing  from  this  chapter,  however,  we  ought 
to  say  a  few  additional  words  personal  to  the  governors 
of  Michigan,  during  her  territorial  period  of  whom 
there  were  four.  Generals  Hull  and  Cass  and  Geo.  B. 
Porter,  appointed  by  the  president,  and  "the  Boy  Gov- 
ernor," elected  by  the  people.  The  first  of  these  has 
been  sufficiently  characterized  by  the  story  of  his  admin- 
istration from  1805  to  1 8 12.  During  that  period  the 
territory  was  at  a  standstill.  There  were  no  surveyed 
lands,  no  land  office,  no  settlements  in  the  interior. 
Detroit  and  Its  environs  constituted  the  whole  territory. 

Governor  Hull  was  not  a  "strenuous"  man.  With 
him  the  period  of  ambition  and  hard  work  was  passed. 
He  was  not  looking  for  hard  tasks.  He  was  apt  to  take 
the  line  of  least  resistance.     The  portrait  of  General 


330     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

Hull  which  has  come  down  to  us,  shows  us  a  mild, 
gentle  and  humane  countenance,  and  one  wonders  as  he 
looks  upon  it  that  the  man  to  whom  that  face  belonged 
ever  gained  so  high  a  reputation  for  bravery  and  dar- 
ing as  a  soldier  as  William  Hull  did  in  the  Revolution. 
He  accepted  the  office  of  brigadier  general  and  com- 
mander of  the  northwest  army  reluctantly,  realizing  the 
difficulty  if  not  the  impossibility  of  the  task  assigned, 
and  perhaps  also,  his  own  unfitness  for  it.  Had  it  come 
to  him  a  quarter  of  a  century  earlier,  soon  after  the 
close  of  the  Revolution,  and  while  he  was  still  in  the 
prime  of  life,  the  campaign  of  1812  might  have  left 
a  far  different  record. 

Lewis  Cass  came  to  Michigan  as  colonel  of  an  Ohio 
volunteer  regiment  when  he  was  in  his  30th  year.  He 
was  of  good,  old  New  Hampshire  stock,  his  father 
having  been  a  major  in  the  Revolution.  He  was  well 
educated,  young,  vigorous,  energetic,  ambitious,  strenu- 
ous. Appointed  permanent  civil  governor  in  18 13, 
when  he  was  30  years  of  age,  he  made  Michigan  his 
home  until  his  death,  in  1866,  after  the  close  of  the 
great  Civil  War. 

In  succession  colonel,  brigadier  general,  governor,  sec- 
retary of  war,  minister  to  France,  senator,  presidential 
candidate,  secretary  of  state,  he  had  the  most  dis- 
tinguished career  of  any  person  connected  with  Michi- 
gan in  her  entire  history.  Michigan  owes  much  to  Gov- 
ernor Cass. 

He  was  a  man  of  devoted  patriotism,  of  undaunted 
courage,  of  tireless  industry,  of  excellent  judgment.    He 


MICHIGAN  AS  A  TERRITORY  33  1 

was  a  profound  believer  in  the  "government  of  the  peo- 
ple, by  the  people  and  for  the  people,"  and  he  did  all  in 
his  power  to  promote  it.  He  reorganized  the  govern- 
ment of  the  territory,  negotiated  many  treaties  with  the 
Indian  tribes,  explored  and  made  known  the  resources 
of  remote  parts  of  his  territory,  and,  in  a  word,  devoted 
himself  to  building  up  a  real  American  community,  pre- 
paring it  to  assume  the  duties,  privileges  and  responsibil- 
ities of  sovereign  statehood.  Very  fitly,  his  was  the 
first  statute  to  be  placed  by  Michigan  in  the  national 
capitol. 

Of  George  B.  Porter,  the  third  governor  of  the 
territory',  Michigan  knows  but  little.  He  came  to  the 
territory'  a  stranger.  His  very  brief  term  was  sand- 
wiched between  the  distinguished  career  of  Governor 
Cass,  on  one  hand,  and  the  romantic  figure  of  Governor 
Mason  on  the  other. 

He  spent  but  little  time  at  Detroit  during  his  nom- 
inal administration,  and  had  not  extended  his  acquaint- 
ance far  when  he  was  suddenly  carried  off  by  the  chol- 
era, July  6th,  1834.  So  far  as  he  became  known,  he 
was  highly  respected,  and  left  behind  him  a  reputation 
for  sound  judgment  and  strict  integrity.  Had  he  lived 
a  few  years  longer,  there  is  good  reason  for  believing 
that  he  would  have  become  one  of  the  leading  citizens 
of  the  state. 

Stevens  Thompson  Mason,  "the  Boy  Governor," 
has  also  painted  his  own  portrait  in  the  foregoing  chap- 
ters. He  was  never  appointed  (governor  of  the  territory 
by  the   president,   but  was  long  acting  governor   and 


332      MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

was  elected  governor  of  the  state  October,  1835, 
and  inaugurated  November  3rd  following.  He  was  of 
a  distinguished  Virginian  family,  although  nominally 
appointed  from  Kentucky.  He  had  the  immaturity  and 
inexperience  of  youth,  but  by  his  frankness,  his  good 
fellowship,  his  courtesy  and  his  democratic  ways,  he 
quite  won  the  hearts  of  the  majority  of  the  people,  as 
evidenced  by  his  two  elections  to  the  office  of  governor. 

It  would  be  anticipating  future  events  tO'  add  here 
that  his  unfortunate  connection  with  the  placing  of  the 
state  five  million  loan  with  the  Morris  Canal  and  Bank- 
ing Company  in  1838,  cost  him  a  further  election,  and 
led  to  his  leaving  the  state  in  which  he  had  experienced 
one  of  the  most  striking  and  picturesque  careers  con- 
nected with  the  history  of  any  territory  or  state. 

Judge  Campbell  with  just  discrimination  says:  "The 
governor  incurred  heavy  censure  for  his  imprudence  and 
credulity.  The  charges  of  personal  dishonesty  were  not 
generally  accepted  as  just.  When  he  died  in  1843 
both  houses  of  the  legislature  passed  resolutions  of 
respect  to  his  memory  and  sympathy  for  his  relatives, 
and  In  this  they  followed  the  general  sentiment.  His 
deficiencies  were  those  of  inexperience  and  were  not 
mean  or  selfish.  His  abilities  were  much  beyond  his 
years.* 

Governor  Mason  died  In  New  York  city,  January  4, 
1843,  ^^^  was  entombed  in  a  small  cemetery  fronting 
Second  avenue,  near  the  lower  end  of  the  city.  He  died 
from  an  attack  of  scarlet  fever  in  the  32nd  year  of  his 


^Campbell's  Michigan  508. 


MICHIGAN  AS   A  TERRITORY  333 

age,  leaving  one  daughter.  In  consequence  of  action 
taken  by  the  legislature  of  Michigan,  May,  1905,  his 
remains,  after  resting  in  New  York  for  almost  two- 
thirds  of  a  century,  were  brought  back  to  Michigan, 
and  on  June  4th,  1905,  were  reentombed  on  the  site 
of  the  old  capitol  in  Detroit,  where  the  first  state  gov- 
ernment was  organized,  under  his  administration. 

Impressive  ceremonies  were  conducted  under  the 
auspices  of  the  State  of  Michigan  and  City  of  Detroit. 
An  address  was  delivered  by  Clarence  M.  Burton,  pres- 
ident of  the  State  Historical  Society,  and  the  governor 
and  committees  of  the  two  houses  of  the  legislature,  and 
officials  of  the  City  of  Detroit,  were  present  to  honor 
the  memory  of  Michigan's  first  governor  as  a  state,  and 
last   as   a   territory. 

Note.     The  following  is   the   preamble  to   the  constitution   of 

1835. 

"In  Convention,  begun  at  the  City  of  Detroit,  on  the  second 
Monday  of  May,  in  the  year  one  thousand  eight  hundred  and  thirty- 
five. 

We  the  people  of  the  Territory  of  Michigan,  as  established  by 
the  Act  of  Congress  of  the  eleventh  of  January  in  the  year  one 
thousand  eight  hundred  and  five,  in  conformity  to  the  fifth  article  of 
the  Ordinance  providing  for  the  government  of  the  territory  of  the 
United  States  northwest  of  the  River  Ohio,  believing  that  the  time 
has  arrived  when  our  present  political  condition  ought  to  cease  and 
the  right  of  self  government  be  asserted,  and  availing  ourselves  of 
the  provisions  of  the  aforesaid  Ordinance  of  the  Congress  of  the 
United  States,  of  the  thirteenth  day  of  July,  one  thousand  seven 
hundred  and  eighty-seven  and  the  act  of  Congress  passed  in  accord- 
ance therewith,  which  entitle  us  to  admission  into  the  Union,  upon 
a  condition  which  has  been  fulfilled,  do  by  our  delegates  in  conven- 
tion assembled,  mutually  agree  to  form  ourselves  into  a  free  and 
independent  state  by  the  style  and  title  of  "The  State  of  Michigan" 
and  do  ordain  and  establish  the  following  constitution  for  the  gov- 
ernment of  the  same." 


CHAPTER  XXIV 
The  Last  Years  of  The  Territory 


11-22 


BEFORE  recording  the  story  of  the  last 
grand  struggle  for  the  ancient  boundary 
and  for  statehood  at  the  same  timCj  we 
must  turn  aside  for  a  little  to  gather  up 
some  loose  ends  of  the  history  that  went 
before. 

The  population  of  the  territory',  by  the  federal  census 
of  1830  was  31,639.  By  the  territorial  census,  ordered 
by  the  legislative  council  in  1834,  it  was  found  to  be 
87,273.  By  the  census  of  1840  it  had  leaped  to  212,- 
267,  a  gain  in  six  years  of  124,994. 

The  causes  which  led  to  this  extraordinary  gain  were 
first,  the  opening  of  the  Erie  canal  and  steam  naviga- 
tion on  Lake  Erie,  making  it  an  easy  thing  to  reach 
Detroit  with  household  effects  and  stock,  as  well  as  with 
families,  without  much  loss  of  time  or  comfort.  Second, 
the  opening  of  the  territorial  roads  for  which  provision 
had  been  made  by  Congress.  Before  the  end  of  the  ter- 
ritorial period  these  had  been  cut  out  and  "turnpiked" 
so  as  to  make  fairly  good  roads,  over  which  ox  teams 
hauled  wagons  laden  with  household  effects,  with  the 
women  and  children,  to  the  settlements  which  had  been 
previously  located.  The  roads  radiating  from  Detroit 
to  Fort  Gratiot  at  the  foot  of  Lake  Huron;  to  Sagi- 
naw; to  the  mouth  of  the  Grand,  by  way  of  Pontiac, 
"Sciawasse,"  Ionia  and  the  Rapids  to  what  is  now  Grand 
Haven ;  tO'  Jacksonburg  and  Marshall  by  way  of  Ann 
Arbor,  and  the  great  Chicago  road  by  Ypsilanti,  Saline, 
Tecumseh,  Jonesville,  Bronson,  Sturges,  White  Pigeon 

337 


338  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

and  Nlles  were  leading  daily  caravans  of  emigrants  to 
all  parts  of  the  surveyed  portion  of  the  state. 

The  benefit  of  these  roads  in  that  early  day,  when 
almost  the  entire  peninsula  was  one  vast  forest,  can 
scarcely  be  estimated. 

Third,  a  better  knowledge  of  the  real  resources  of 
the  coming  state,  its  great  diversity  of  soil  and  surface, 
its  numerous  streams  and  waterfalls,  was  also  combin- 
ing with  all  other  causes  to  induce  a  very  rapid  settle- 
ment. 

Fourth.  The  character  of  the  early  emigrants  from 
Ohio,  New  York  and  western  New  England,  and  the 
high  grade  of  society  that  they  established  were  a  great 
inducement,  especially  to  those  who  preferred  to  get 
away  from  slavery  and  its  influences. 

A  few  words  should  be  said  in  regard  to  slavery  in 
Michigan.  Slavery  had  always  existed  under  the  French 
regime  in  Canada  or  New  France,  to  which  Michigan 
also  belonged. 

Nor  did  it  cease  under  British  rule,  for  as  late  as 
1782  the  commandant  at  Detroit,  Major  Arent  Schuyler 
De  Peyster,  caused  an  enumeration  to  be  made  of  the 
people  and  property  of  Detroit,  and  in  the  "survey"  are 
found  these  two  items  "Male  slaves,  78 ;  female  slaves, 
1 01."  It  appears  that  Indians  as  well  as  negroes  were 
held  in  slavery  in  spite  of  the  Ordinance  of  1787,  which 
totally  prohibited  it.* 


♦There  is  a  tradition  that  even  as  late  as  the  coming  of  Gen. 
John  T.  Mason,  as  secretary  of  the  territory  in  183 1,  he  brought 
some  domestic  slaves  with  him  from  Virginia.  It  is  not  improbable 
that  a  few  domestic  servants  continued  with  their  old  masters  down 
to  the  time  of  the  adoption  of  the  state  constitution. 


MICHIGAN  AS   A  TERRITORY  339 

As  late  as  1807  Judge  Woodward  refused  to  free  a 
negro  man  and  woman  on  writ  of  habeas  corpus,  hold- 
ing in  effect  that  as  they  had  been  slaves  at  the  time  of 
the  surrender  in  1796,  there  was  something  in  Jay's 
treaty  that  forbade  their  release. 

But  it  is  hardly  necessary  to  say  that  after  the  Ordin- 
ance of  1787  took  effect,  there  was  no  legal  slavery  in 
Michigan.  With  the  increase  of  immigration  came  the 
"land  fever,"  which  grew  and  increased  with  that  it  fed 
upon,  until  by  the  end  of  1835  it  had  become  a  veritable 
mania. 

Both  Miss  Harriet  Martineau  in  her  "Society  in 
America,"  and  Mrs.  Kirkland  in  her  "Reminiscences" 
describe  the  rush  and  push  around  the  hotels  and  land 
offices  of  Michigan  just  at  the  close  of  the  territorial 
period. 

Miss  Martineau  traveled  through  Michigan  from 
Detroit  to  Chicago  over  "the  Chicago  road"  in  June, 
1836,  and  at  Detroit  she  found  it  almost  impossible  to 
secure  entertainment  at  the  hotels,  on  account  of  the 
crowd  of  land  speculators.  But  she  pays  this  tribute 
to  the  Detroit  society  of  that  day.  She  says:  (p.  232) 
"The  society  of  Detroit  is  very  choice;  and  as  it  has 
continued  so  since  the  old  Colonial  days,  through  the 
territorial  days,  there  is  every  reason  to  think  that  it 
will  become,  under  its  new  dignities,  a  more  and  more 
desirable  place  of  residence." 

The  second  day  out  from  Detroit  she  makes  this 
record  which  will  interest  our  great  University  town. 
"At  Ypsilanti  I  picked  up  an  Ann  Arbor  newspaper. 


340     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

It  was  badly  printed  but  Its  contents  were  pretty  good, 
and  it  could  happen  nowhere  out  of  America  that  so 
raw  a  settlement  as  that  at  Ann  Arbor,  where  there  is 
difficulty  in  precuring  decent  accommodation,  shooild 
have  a  newspaper."  Miss  Martineau  describes  the 
roads,  until  they  reached  the  oak  openings  and  prairies 
of  southwestern  Michigan,  as  well-nigh  impassable. 

In  1832  came  the  Black  Hawk  war  in  which  Michi- 
gan took  a  small  part.  Black  Hawk  was  a  noted  chief 
of  the  Sacs  and  Foxes,  though  by  birth  a  Pottawatamie. 
He  fought  on  the  British  side  in  the  War  of  18 12, 
being  led  thereto  in  part  by  the  oratory  of  Tecumseh 
and  his  brother,  the  Prophet,  and  in  part  by  the  mach- 
inations, promises  and  rewards  of  British  officials.  By 
the  treaty  of  Prairie  du  Chien  in  1830,  his  tribe  had 
sold  to  the  United  States  all  their  lands  east  of  the 
Mississippi,  and  agreed  to  remove^ — and  most  of  them 
did  remove^ — to  the  west  of  that  river,  In  what  is  now 
Iowa.  But  In  1831  Black  Hawk  and  his  followers 
returned  and  attempted  to  drive  the  whites,  who  had 
purchased  their  former  lands  from  the  government, 
from  the  country  and  to  so  terrorize  them  that  they 
would  not  again  return. 

It  will  be  remembered  that  the  region  now  constitut- 
ing the  State  of  Iowa,  as  well  as  Wisconsin,  was  then  a 
part  of  Michigan  territory. 

By  the  prompt  action  of  the  governor  of  Illinois,  the 
marauders  were  forced  to  return  across  the  river  to 
their  new  home;  but  early  In  the  spring  of  1832 
Black  Hawk  again  returned  to  the  east  side  with  a  large 


BLACK  HAWK 


MICHIGAN  AS  A  TERRITORY  34 1 

band  of  followers  and  commenced  murdering,  and 
pillaging,  to  terrorize  the  country. 

A  large  body  of  militia  was  sent  from  Illinois,  and 
General  Atkinson  moved  up  from  St.  Louis  with  a  small 
force  of  regulars.  General  Winfield  Scott  was  moving 
with  a  considerable  body  of  regulars  from  Fort  Mon- 
roe and  Norfolk,  Virginia,  by  way  of  the  lakes  to 
Chicago,  and  had  reached  Detroit  on  the  5th  day  of 
July,  when  the  Asiatic  cholera  broke  out  among  the 
troops  in  violent  form,  very  greatly  crippling  General 
Scott  in  his  movements.  When  news  of  the  Indian 
outbreak  and  of  the  action  of  the  governor  of  Illinois 
reached  Detroit,  Governor  Mason,  who  seemed  to 
thirst  for  military  glory,  ordered  General  John  R.  Wil- 
liams to  proceed  with  the  first  regiment  of  Michigan 
militia  tO'  the  seat  of  war.  The  regiment  was  accord- 
ingly called  out  and  embodied,  and  under  the  com- 
mand of  Colonel  Edward  Brooks,  set  out  to  march 
overland  to  the  Mississippi,  accompanied  by  the  Detroit 
City  Guards  and  a  company  of  mounted  volunteers. 
They  had  proceeded  as  far  as  Saline,  about  40  miles, 
when  Governor  Mason  learning  that  General  Scott  with 
the  regulars  was  proceeding  by  water  via.  Detroit, 
countermanded  his  order,  and  recalled  the  regiment, 
though  a  company  of  dragoons  under  Captain  Charles 
Jackson,  together  with  General  Williams  and  staff,  pro- 
ceeded as  far  as  Chicago.* 

The  infantr}^  returned  to  Detroit  and  were  dis- 
banded.    The  exposure  and  hardship  of  the  trip  made 


*R.  C.  Roberts  "Detroit  one  hundred  years  ago"  90. 


342     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

it  anything  but  a  holiday,  and  much  sickness  and  some 
deaths  resulted,  and  it  proved  the  last  campaign  of  the 
Detroit  City  Guards. 

So  ended  Michigan's  active  participation  in  the  Black 
Hawk  War.  On  August  2nd  a  decisive  battle  was 
fought  at  Bad  Ax  river  in  the  present  county  of  Ver- 
non, Wisconsin,  under  the  direct  command  of  Colonel 
Zachary  Taylor,  resulting  in  the  annihilation  of  the 
Indian  force,  and  the  capture  of  Black  Hawk  and  his 
two  sons,  who  were  sent  prisoners  of  war  to  Fortress 
Monroe,  Virginia,  where  they  were  confined  for  several 
months  in  1832-3.  The  officer  who  escorted  him  and 
his  companions  to  their  place  of  confinement  was  Lieu- 
tenant Jefferson  Davis  of  the  regular  army,  who  just 
a  third  of  a  century  later  was  himself  escorted  to  For- 
tress Monroe,  as  the  fallen  chief  of  an  unsuccessful 
rebellion  against  the  United  States. 

The  little  Black  Hawk  War  is  chiefly  interesting  for 
the  participation  of  four  famous  characters.  General 
Winfield  Scott  was  in  command  of  the  army.  He  became 
the  last  presidential  candidate  of  the  old  whig  party  in 
1852,  and  commanded  the  forces  of  the  United  States 
In  the  opening  months  of  the  great  rebellion.  Zachary 
Taylor  commanded  in  the  field  at  Black  Hawk's  sur- 
render. After  a  very  honorable  participation  in  the 
Mexican  war,  1846-7,  in  1848  he  was  elected  the  last 
president  nominated  by  the  whig  party.  Among  the 
militia  present  in  the  field  was  a  company  from  Central 
Illinois,   commanded  by  a   tall,    awkward,   raw-boned 


(O^- 


MICHIGAN  AS  A  TERRITORY  343 

young  fellow  from  Sangamon  county,  as  Its  captain.  It 
was  he  who  a  third  of  a  century  later  crushed  the  great 
rebellion, — Abraham  Lincoln.  Jefferson  Davis  his 
great  antagonist,  became  President  of  the  Confederate 
States.  Four  such  men  were  enough  to  dignify  and 
Immortalize  any  campaign. 

The  next  year  (1833)  Black  Hawk  was  released 
from  prison  and  accompanied  by  his  sons,  conducted 
through  the  leading  cities  of  the  north.  Including 
Detroit,  to  his  new  reservation  In  the  present  State  of 
Iowa,  where  he  died  a  few  years  later.*  Black  Hawk 
had  been  in  his  youth  a  splendid  warrior,  of  almost 
matchless  courage  and  dash.  But  he  was  never  a  great 
leader.  He  had  not  the  eloquence  or  nobility  of  char- 
acter of  Tecumseh,  nor  the  broad  grasp  and  statesman- 
ship of  Brant,  nor  the  generalship  of  Pontlac.  He  was 
bom  at  Kaskaskia,  Illinois,  In  1767,  and  was  an  old 
man,  long  past  his  prime,  when  he  undertook  his  last 
campaign. 

Black  Hawk  was  not  a  widely  intelligent  Indian,  and 
did  not,  like  Tecumseh  and  Brant,  travel  much,  and  did 
not  keep  himself  informed  of  the  Immense  change  that 
had  come  over  the  west  since  the  close  of  the  war  with 
Great  Britain. 


♦Black  Hawk  had  not  seen  Detroit  since  the  war  of  1812,  and 
he  was  greatly  amazed  at  the  way  the  whites  had  overrun  the  penin- 
sula, and  the  vast  change  which  steamboat  navigation  had  made 
since  the  time  he  led  his  warriors  to  reinforce  General  Proctor  at 
Maiden.  Maiden  had  disappeared,  old  Fort  Shelby  was  gone,  and 
the  Wyandots  and  Chippewas  that  once  swarmed  around  Detroit 
had  mostly  removed  to  their  reservations  or  to  Canada. 


344  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

Had  he  fully  realized  these  things  there  would  have 
been  no  "Black  Hawk  War."* 

A  calamity  that  came  to  Michigan  at  about  the  same 
time,  was  the  outbreak  of  the  Asiatic  cholera  with  fear- 
fully fatal  consequences. 

In  1820  this  scourge  appeared  in  Bombay,  India, 
and  during  that  year  spread  to  adjacent  lands  and 
islands.  In  1821  it  commenced  its  conquering  march 
around  the  world,  moving  with  the  sun  to  the  west.  In 
the  next  ten  years,  it  made  its  way  across  Asia  and 
Europe,   reaching  England  in  the  fall  of   1831. 

On  June  8,  1832,  the  first  case  appeared  in  America 
at  Montreal,  and  on  the  5  th  of  July  it  reached  Detroit, 
coming  with  General  Scott's  regulars  from  Buffalo  and 
the  east,  on  their  way  to  the  Black  Hawk  War. 

The  fatality  among  the  troops  was  very  great.  "It 
soon  spread  fearfully  among  the  inhabitants  of  Detroit, 
many  of  whom  were  panic  stricken,  and  fled  to  the 
country,  until  out  of  a  population  of  2,500  not  1,500 
remained.  *  *  *  Qj^  ^  scorching  hot  Sunday 
morning,  citizens  were  summoned  by  the  ringing  of  an 
alarm  with  the  bell  in  the  tower  of  the  Presbyterian 
Church,  to  an  impromptu  meeting,  held  in  front  of  the 
church,  at  which  committees  were  appointed  to  superin- 
tend fumigating  the  city  by  burning  pitch  and  tar,  and 
the  covering  of  all  damp  places  with  lime."t 


*The  scene  of  the  final  defeat  of  Black  Hawk  was  on  the  cast 
bank  of  the  Mississippi  river,  directly  opposite  the  south  line  of  the 
state  of  Minnesota,  and  was  then  a  part  of  Michigan  Territory,  In 
fact  most  of  the  fighting  was  in  Michigan. 

tRoberts,  Detroit  p.  91-2. 


MICHIGAN  AS  A  TERRITORY  345 

It  seems  this  did  not  prove  effective,  and  as  the  epi- 
demic became  more  violent,  it  was  thought  the  dense 
black  smoke  of  the  burning  tar  aggravated  it.  The 
"germ  theory"  of  disease  was  not  then  understood,  but 
th'ey  well  knew  that  this  dreadful  disease  was  one  that 
spread  like  the  plague.  The  country  around  became 
panic  stricken,  and  Detroit  was  quarantined.  Roads 
leading  into  the  surrounding  country  were  blockaded, 
bridges  torn  up,  and  guards  placed  on  the  highway  to 
intercept  persons  coming  from  Detroit,  and  turn  them 
back.* 

But  the  scourge  seemed  to  be  most  fatal  among  the 
United  States  troops.  Of  the  detachment  which 
reached  Detroit  on  July  5th,  with  General  Scott,  about 
one-fourth  died  of  the  disease  before  it  left  Chicago  for 
the  return  trip.  A  second  detachment  of  370  men 
under  Colonel  Twiggs,  which  went  up  a  few  days  later, 
was  landed  near  Fort  Gratiot,  and  many  died,  and  a 
large  part  of  the  remainder  deserted  through  terror  of 
the  disease. 

A  third  detachment  was  camped  for  a  time  at  Detroit 
and  later  at  Spring  Wells  and  suffered  severely  though 
less  than  the  other  two. 

It  was  estimated  that  of  all  the  "regulars"  that  came 


*In  a  book  published  in  1904,  as  an  historical  romance,  under 
the  title  of  "The  Wolverine,"  by  Mr.  A.  Lawrence  of  Lansing,  Michi- 
gan, is  a  very  graphic,  and  on  the  whole,  truthful  account  of  the 
Cholera  Epidemic  of  1832,  in  which  Father  Gabriel  Richard  plays  a 
very  conspicuous  part.  The  plot  of  the  book  is  mainly  located  at 
Detroit  and  covers  the  period  from  183 1  to  1836.  The  book  amply 
compensates  reading  as  a  sidelight  on  early  Michigan  history  and  a 
vivid  picture  of  the  society  of  the  closing  territorial  period. 


346     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

up  the  lakes  about  one-half  were  swept  off  by  the  chol- 
era scourge. 

The  militia  and  volunteers  who  started  to  march 
overland  escaped,  except  such  as  returned  to  Detroit 
in  season  to  meet  it  there.  Among  those  who  per- 
ished from  the  dread  disease,  as  before  stated,  was  the 
venerable  Father  Richard,  Vicar  General  of  the  Catho- 
lic Church.  He  was  bom  in  France  in  1764,  came  to 
Detroit  in  1798,  printed  the  first  paper  in  1809,  was 
elected  to  Congress  in  1820.  From  the  first  appear- 
ance of  the  epidemic  he  was  untiring  in  his  ministra- 
tions to  the  sick.  At  last,  after  two  months  of  this 
intense  labor  and  strain  on  strength  and  sympathy,  he 
succumbed  to  the  disease  and  died  on  the  morning  of 
September  12,  1832.  His  funeral  was  a  wonderful 
tribute  of  the  people  to  the  memory  of  a  good,  devoted 
and  self-sacrificing  man.  In  spite  of  all  fear  of  the 
spread  of  the  disease,  a  great  concourse,  numbering 
more  than  the  entire  population  of  the  city  at  that  time, 
assembled  to  do  him  reverence.  Such  a  tribute  at  such 
a  time,  shows  how  much  deeper  is  our  love  for  real  man- 
hood and  the  spirit  of  self-sacrifice  than  mere  party 
lines  and  sectarian  creeds. 

There  was  a  return  of  the  cholera  in  1834,  and 
among  its  victims,  at  that  time,  was  the  governor  of 
the  territory,  George  B.  Porter,  who  died  July  5,  1834. 
Several  other  well  known  and  leading  citizens  of  the 
territory  were  carried  off  by  the  two  cholera  epidemics 
during  the  territorial  period. 

One  other  incident  of  this  period  should  be  chronicled 


31.1   C    11  T   OA,:?r^TEIi. 


(fJitj-IiaTL-  Trafl. 


PPUrOET-CtJ.i 


MICHIGAN  AS  A  TERRITORY  347 

— the  "negro  riot"  of  1833.  About  the  middle  of  June 
of  that  year,  one  Thomas  Blackburn  and  his  wife, 
who  were  claimed  to  be  fugitives  from  slavery  in  Ken- 
tucky, were  arrested  and  ordered  to  be  returned  to  their 
southern  master.  They  were  sent  to  jail  for  safe  keep- 
ing, until  the  steamer  should  leave.  The  woman  made 
her  escape  from  the  jail,  and  while  Blackburn  was  being 
escorted  to  the  boat  by  Sheriff  John  M.  Willson,  they 
were  set  upon  by  a  mob  of  colored  people.  The  sheriff 
fired  on  the  crowd  with  his  pistol,  when  he  was  knocked 
down  and  his  prisoner  rescued  and  conveyed  to 
Canada.  Great  excitement  ensued.  The  bells  rang  an 
alarm,  and  crowds  of  men  and  boys  rushed  into  the 
streets,  armed  with  guns,  pistols  and  other  weapons. 
The  city  council  convened  In  special  session,  and  passed 
an  ordinance  to  keep  colored  people  off  the  street  after 
dark,  and  many  of  them  were  maltreated  by  a  crowd  of 
whites  as  disorderly  as  the  blacks  had  been. 

Another  occurrence  should  be  noted  before  passing 
from  the  territorial  period — the  reorganization  in  the 
judiciary. 

In  1832  occurred  the  last  change  in  the  constitution 
of  the  Supreme  Court  of  the  Territory.  William  Wood- 
bridge  and  Henry  Chipman  were  superseded  by  George 
Morrel  of  New  York,  and  Ross  Wllkins  of  Pennsyl- 
vania. It  will  be  remembered  that  the  original  judges 
on  the  organization  of  the  territory  were  Augustus 
B.  Woodward,  Frederick  Bates  and  John  Griffin. 

Under  that  original  form  of  government  of  "Gover- 
nor and  Judges,"  the  latter  were  much  more  legislative 


348  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

and  executive  officers  than  judicial.  The  "Governor 
and  Judges"  were  not  a  happy  family;  and  at  the  end 
of  the  first  year  Judge  Bates  resigned  and  removed  to 
Missouri,  having  been  appointed  secretary  of  Louisiana 
Territory  whose  capital  was  then  St.  Louis. 

Judge  Bates  was  succeeded  by  James  Witherell,  who 
served  until  succeeded  by  William  Woodbridge  in 
1828.  When  Michigan  entered  the  second  grade  of 
territorial  government,  in  1823,  the  legislative  council 
took  the  place  of  the  judges  in  their  legislative  and 
executive  functions,  and  the  judges  were  relegated  to 
proper  judicial  duties.  The  court  was  then  constituted 
of  James  Witherell,  Solomon  Sibley  and  John  Hunt, 
Witherell  being  presiding  judge. 

On,  the  death  of  Judge  Hunt  in  1827,  Henry  Chip- 
man  was  appointed  to  succeed  him,  and  on  the  expira- 
tion of  the  term  of  Judge  Witherell  in  1828,  William 
Woodbridge  was  made  Chief  Justice,  and  the  court  then 
stood  Woodbridge,  Chief  Justice,  Sibley  and  Chipman, 
Associate  Justices.  At  the  expiration  of  four  years,  the 
court  was  once  more,  and  for  the  last  time,  recon- 
structed with  George  Morrel,  Chief  Justice,  and  Solo- 
mon Sibley  and  Ross  Wilkins  Associate  Justices.  Chief 
Justice  Morrell  continued  a  member  of  the  State 
Supreme  Court  on  the  adoption  of  the  constitution. 

Judge  William  Woodbridge  probably  held  more 
varied  official  positions  in  the  territory  and  state  than 
any  other  man.  He  came  to  the  territory  as  secretary 
in  1815,  and  in  18 18  was  acting  governor  in  the 
absence  of  General  Cass,  and  in  18 19  was  elected  first 


MICHIGAN  AS  A  TERRITORY         349 

delegate  In  Congress  from  Michigan,  but  resigned  In 
1820.  He  seems  not  to  have  resigned  as  secretary  when 
elected  to  Congress,  for  we  find  him  secretary  and  act- 
ing governor  during  General  Cass's  long  tour  to  the 
northwest  In  1820,  and  secretary  and  acting  governor 
in  1821,  1823,  1825,  1826  and  1827.  He  was  on  the 
Supreme  Court  1828  to  1832;  a  member  of  the  con- 
stitutional convention  1835;  state  senator  1837;  gov- 
ernor 1840-41;  United  States  senator  1841  to  1847. 
He  died  at  Detroit  In  1861.  The  record  of  the  terri- 
torial Supreme  Court  Is  uneventful,  and  cannot  be 
more  fully  entered  upon  In  this  brief  outline. 


CHAPTER  XXV 
How  Michigan  Came  Into  the  Union 


n-23 


WE  closed  our  record  of  the  struggle  in 
the  United  States  Senate  for  Michi- 
gan's Statehood  with  the  appoint- 
ment of  the  Select  Committee  of 
which  Senator  Benton  was  chair- 
man, to  which  "the  Michigan  matter"  was  referred 
December   22,    1835. 

It  will  be  quite  impossible  to  follow  the  vicissitudes 
of  the  struggle  here  in  detail,  through  its  parliamentary 
progress,  or  to  record  more  than  a  mere  outline  of  the 
great  debate  which  accompanied  it,  as  would  be  most 
Interesting  to  do.  We  can  only  allude  to  the  successive 
steps. 

On  the  same  day  that  the  committee  was  appointed, 
Senator  Bention  renewed  his  attempt  to  have  Messrs. 
Norvell  and  Lyon  seated  "as  Spectators."  Senator 
Ewing  (Ohio)  promptly  came  to  the  front  with  a 
motion  to  strike  out  the  words  "on  the  floor  of  the 
senate,"  which  carried  in  the  afiirmative. 

Senator  Tipton  (Ind.)  took  this  occasion  to  make  a 
strong  speech  against  Michigan,  on  account  of  the  lat- 
ter claiming  in  her  constitution  the  lo-mile  strip  which 
Congress  had  given  to  Indiana  in  18 16. 

A  long  debate  ensued,  participated  in  by  Senators 
Ewing,  Hendricks  (Ind.)  Benton  and  Buchanan,  which 
resulted  in  allowing  "John  Norvell"  the  same  courtesy 
that  is  extended  "to  delegates  of  territories." 

The  resolution  was  adopted  by  a  vote  of  22  to  18. 
So  the  senate  dodged  both  the  "State  of  Michigan," 

353 


354     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

and  the  official  character  of  Norvell.  He  was  "John 
Norvell,"  "a  spectator."     (22  Debates  282). 

This  brings  us  to  the  year  1836,  the  last  year  of  the 
territory.  January  26th  the  memorial  of  the  legislature 
of  Michigan,  in  regard  to  her  admission  into  the  Union 
being  presented:  Senator  Hendricks  (Ind.)  moved  it 
be  laid  on  the  table.  He  said  "Michigan  ought  to  pro- 
ceed in  the  constitutional  manner  that  other  states  had 
done."  The  question  was  discussed  by  Tipton  (Ind.), 
King  (Ala.)  and  Calhoun  (S.  C),  and  on  motion  of 
King,  it  was  referred  to  the  Select  Committee  of  which 
Benton  was  chairman. 

In  the  House  of  Representatives,  December  24, 
1835,  John  Y.  Mason  (Va.)  moved  to  take  up  the 
message  transmitting  the  Constitution  of  Michigan.  On 
the  25th,  the  subject  was  taken  up  and  Mason  spoke  at 
length.  He  thought  it  should  go  to  the  committee  on 
territories.  Whittlesey  (O.)  and  Corwin  (O.)  both 
spoke  at  great  length,  advocating  Ohio's  claim.  Refer- 
red to  a  select  committee  December  28th,  vote  recon- 
sidered and  message  and  constitution  referred  to  the 
Judiciary  Committee. 

On  December  30th  the  fight  broke  out  on  a  new  part 
of  the  field.  On  motion  of  Beardsley  of  N.  Y.,  (after- 
ward Chief  Justice)  it  was  "resolved  that  Isaac  E. 
Crary,  who  claims  to  have  been  duly  elected  a  member 
of  this  house,  be  admitted  as  a  spectator  within  the 
hall."  The  rules  were  suspended  and  the  resolution 
adopted,  132  to  47.  First  victory  for  Michigan  but  a 
small  one.      (23   Debates  2103). 


MICHIGAN  AS   A  TERRITORY  355 

On  April  20,  1836,  the  "act  establishing  a  territorial 
government  of  Wisconsin"  and  detaching  it  from  Mich- 
igan became  a  law,  and  acting  governor — (or  would-be 
acting  governor) — Horner,  was  relieved  of  his  embar- 
rassing position  at  Detroit,  by  being  appointed  secretary 
of  Wisconsin,  May  6,  1836.  But  before  this  the  bat- 
tle was  again  raging  in  the  senate. 

The  select  committee,  of  which  Senator  Benton  was 
chairman,  had  reported  a  compromise  bill.  Benton  as 
the  administration  leader  could  not  afford  to  antagon- 
ize the  three  democratic  states  of  Ohio,  Indiana  and 
Illinois,  all  of  whose  boundaries  were  in  issue,  and  there- 
fore reported  In  favor  of  admitting  Michigan  with  a 
proviso.  The  first  section  of  the  bill  established  the 
northern  boundary  of  Ohio  (southern  boundary  of 
Michigan)  according  to  the  Ohio  contention,  and  leav- 
ing the  Indiana  boundary  as  it  had  been  since  18 16. 
Thus  the  opposition  of  both  Ohio  and  Indiana,  with 
their  31  electoral  votes,  was  obviated,  provided  Michi- 
gan accepted  the  new  boundary.  As  a  compensation  to 
Michigan  for  the  loss  of  the  "Toledo  strip,"  she  was 
given  a  large  addition  on  the  north,  by  including  all 
that  part  of  the  Upper  Peninsula,  between  lakes  Michi- 
gan and  Superior  as  far  west  as  the  Montreal  and 
Menominee  rivers.  Section  2  of  the  act  provided  for 
the  admission  of  Michigan  to  the  Union  on  an  equal 
footing  with  the  original  states  on  the  condition  that 
Michigan  should  by  a  convention  of  delegates  elected 
for  that  express  purpose,  give  her  assent  to  the  bound- 
ary as  established  by  that  bill.     On  March  29,   1836, 


356     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

the  battle  was  renewed  in  the  senate.  On  motion  of 
Senator  Benton,  the  compromise  bill  was  taken  up,  and 
Benton  spoke  in  favor  thereof.  Senators  Clayton 
(Del.)  and  Hendricks  (Ind.)  opposed  the  bill.  Tipton 
(Ind.)  spoke  in  criticism,  but  finally  voted  for  the  bill. 
Buchanan  (Pa.)  spoke  strongly  in  favor,  and  Ewing, 
as  usual,  opposed  it  violently,  notwithstanding  Ohio  had 
secured  all  she  asked.  The  debate  continued  through- 
out the  day.  On  April  ist,  it  was  renewed  with  great 
vigor.  Silas  Wright  (N.  Y.)  moved  as  an  amendment 
that  Michigan  be  admitted  as  soon  as  the  assent  of  the 
delegates  appointed  by  Michigan  for  that  purpose,  to 
the  boundary  line,  be  obtained.  It  authorized  the 
president  on  receiving  evidence  of  the  assent,  to  pro- 
claim the  admission  complete.  The  purpose  of  this 
amendment  was  tO'  enable  Michigan  to  be  admitted 
before  the  presidential  election,  and  it  was  discussed 
at  great  length  by  Senators  Hendricks,  Clayton,  Ewing, 
Clay  and  Benton,  the  latter  making  an  especially  pow- 
erful and  exhaustive  speech.  (23  Debates  1032  et 
seq.).  Buchanan  also  spoke  again  strongly  in  favor 
of  admission.  The  opponents  of  the  bill  now  resorted 
to  dilatory  tactics.  Motions  to  adjourn  and  motions  to 
amend  followed  each  other  as  fast  as  they  could  be 
disposed  of,  with  persistent  debate  on  every  debateable 
motion.  Senators  Clay  and  Crittenden  (Ky.)  were 
especially  active  in  efforts  to  create  delay.  Clay  moved 
to  amend  the  suffrage  clause  negative  22  to  14.  Cal- 
houn (at  7:30  P.  M.)  moved  that  the  senate  adjourn. 
Defeated  7   to   24.      The  bill   was   then   reported   as 


MICHIGAN  AS  A  TERRITORY  357 

amended,  the  amendments  concurred  in,  and  the  bill 
ordered  to  be  engrossed  and  read  a  third  time,  by  a 
vote  of  23  to  8,  after  one  of  the  most  exciting  debates 
in  the  history  of  the  senate.  Toward  the  end  of  this 
struggle,  It  became  manifest  that  the  ground  of  oppo- 
sition to  admission  was  changing.  Michigan,  If  admit- 
ted, would  come  in  under  the  Ordinance  of  1787,  with  a 
universal  and  perpetual  prohibition  of  slavery,  and  It 
had  been  customary  to  offset  each  new  free  state  with 
a  new  slave  state.  Arkansas  was  now  preparing  to 
apply  for  admittance  and  the  extreme  advocates  of 
slavery  were  determined  to  delay  the  admission  of 
Michigan  until  Arkansas  could  come  in  as  an  offset. 

On  April  2nd  the  compromise  bill  was  again  taken 
up,  read  a  third  time,  and  put  upon  its  passage.  Once 
more  the  debate  raged.  Calhoun  (S.  C),  Porter 
(La.),  Crittenden  (Ky),  Clay  (Ky.),  Preston  (S. 
C),  opposing;  and  Benton  (Mo.),  Wright  (N.  Y.), 
Wright  (Miss.),  favoring.  As  a  rule  the  slave  state 
senators  opposed,  though  not  openly  avowing  the  real 
ground  of  their  opposition.  Calhoun  moved  to  recom- 
mit. Defeated  19  to  24.  Preston  (S.  C),  moved  the 
bill  be  laid  aside;  defeated  20  to  24.  Preston  moved 
to  adjourn,  yeas  20,  nays  23.  The  bill  was  then  put 
on  Its  passage,  and  it  was  passed  without  division,  the 
opponents  having  already  exhausted  their  resources. 

So  ended  this  "battle  of  the  giants"  in  the  senate  on 
April  2,  1836.  (See  23  Debates  1050).  The  leaders 
of  the  opposition  were  Ewing  (O.),  Clay  (Ky.),  Clay- 
ton (Del.),  and  Calhoun  (S.  C).    The  leaders  of  the 


358      MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

administration  forces  were  Benton  and  Buchanan. 
Michigan  had  won  on  admission  but  lost  on  the 
boundary,  though  with  an  actual  increase  of  territory 
and  an  ultimate  gain  in  resources.  But  the  Upper 
Peninsula  was  then  almost  entirely  uninhabited  by  white 
men,  and  its  resources  unknown;  and  it  was  to  be 
twenty  years  before  the  canal  would  be  built  to  connect 
the  lower  lakes  with  Lake  Superior. 

In  THE  House  of  Representatives. 

Monday,  June  13,  1836,  Franklin  Pierce  of  N.  H., 
in  the  chair,  the  bill  to  admit  Michigan  coupled  with 
the  bill  to  admit  Arkansas  was  taken  up.  John  Quincy 
Adams  (Mass.)  moved  to  amend  in  respect  to  the 
boundary,  and  suported  his  motion  in  a  speech  of  three 
hours  duration.  He  was  then  69  years  old.  Mr. 
Adams  declared  "Never  in  the  course  of  my  life  have 
I  known  a  controversy  of  which  all  the  right  was  so 
clear  on  one  side  and  all  the  power  so  overwhelmingly 
on  the  other."  The  bill  was  then  ordered  to  be  read  a 
third  time,  and  was  put  on  its  passage,  and  passed,  yeas 
143,  nays  50.  The  long  contest  in  the  senate  had 
served  its  purpose  by  delaying  Michigan  until  Arkansas 
could  be  brought  in  at  the  same  time. 

Section  3  of  the  act  was  as  follows: 

"And  be  it  further  enacted  that  as  a  compliance  with 
the  fundamental  condition  of  admission  contained  in  the 
last  preceding  section  of  this  act,  the  boundaries  of  the 
state  of  Michigan  in  that  section  described,   declared 


MICHIGAN  AS  A  TERRITORY  359 

and  established,  shall  receive  the  assent  of  a  conven- 
tion of  delegates  elected  by  the  people  of  said  state  for 
the  sole  purpose  of  giving  the  assent  herein  required; 
and  as  soon  as  the  assent  herein  required  shall  be  given, 
the  President  of  the  United  States  shall  announce  the 
same  by  proclamation,  and  thereupon  and  without 
further  proceedings  upon  the  part  of  Congress,  the 
admission  of  the  said  state  into  the  Union  as  one  of 
the  United  States  of  America,  on  an  equal  footing  with 
the  original  states  in  all  respects  whatever,  shall  be 
considered  complete;  and  the  senators  and  representa- 
tives who  have  been  elected  by  the  said  state  as  its  rep- 
resentatives in  the  Congress  of  the  United  States  shall 
be  entitled  to  take  their  seats  in  the  senate  and  house 
without  further  delay."  The  compromise  act  had  now 
passed  both  houses  of  Congress,  and  it  received  the 
prompt  approval  of  the  President  on  June  15th.  But 
it  was  only  a  conditional  act,  and  Michigan  was  not 
yet  in  the  Union.  Indeed  she  still  had  a  long  and  rough 
road  to  travel. 

The  legislature  of  the  state  met  at  Detroit  on  July 
II,  1836,  and  on  the  25th  passed  the  act  calling  the 
first  "Convention  of  Assent"  to  meet  at  Ann  Arbor  on 
September  26th.  The  convention  met  accordingly. 
Twenty-seven  counties  were  represented,  but  Ottawa, 
Kent,  Ionia  and  Clinton  counties  had,  unitedly,  but  one 
delegate;  and  Saginaw,  Shiawasse  and  Genesee  but 
one,  Wayne  had  eight  and  Oakland  six.  William 
Draper  of  Oakland,  was  elected  president.  The  con- 
vention by  a  decisive  vote  refused  its  assent  to  the  pro- 


360     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

posed  conditional  admission  with  the  new  boundaries. 
Meanwhile  Arkansas,  having  no  condition  attached  to 
her  admission,  had  taken  her  place  in  the  Union,  and 
the  people  of  Michigan  were  highly  and  justly  indig- 
nant at  being  "held  up"  and  coerced  in  this  high- 
handed manner.  The  people  of  Michigan  were  heartily 
and  almost  unanimously  in  favor  of  statehood,  but  they 
despised  the  manner  in  which  the  state  had  been  robbed 
of  a  big  piece  of  her  territory. 

But  by  a  shrewd  device  on  the  part  of  the  admin- 
istration it  was  arranged  that  her  senators  and  represen- 
tatives could  take  their  seats  only  when  the  assent  was 
given.  Numerous  federal  officials  had  been  appointed 
and  confirmed  conditionally.  It  was,  therefore,  for 
their  interest  to  favor  the  assent.  Then  there  were 
numerous  worthy  patriots  who  were  hoping  for  vari- 
ous profitable  jobs  under  the  United  States,  as  soon  as 
Michigan  should  become  a  state. 

But  what  was  to  be  done?  The  mandate  of  the 
legislature  had  expended  itself.  The  governor  declined 
to  call  another  convention,  but  he  intimated  that  a  con- 
vention, originating  with  the  people,  "in  their  primary 
capacity"  might  be  regarded  at  Washington  as  sufficient. 

On  the  29th  of  October,  1836,  the  Democrats  of 
Wayne  county  held  a  convention  and  resolved  in  favor 
of  a  second  "Convention  of  Assent."  Washtenaw 
county  followed  with  a  similar  convention  and  similar 
action,  and  thereupon  a  democratic  conference  selected 
a  "Committee  of  the  People,"  consisting  of  David  C. 
McKinstry,  John  O'Donnell,  Ross  Wilkins,   (who  had 


MICHIGAN  AS  A  TERRITORY  361 

been  nominated  for  United  States  District  Judge)  of 
Wayne,  and  Charles  W.  Whipple  and  Marshall  J. 
Bacon  (who  had  been  secretaries  of  the  constitutional 
convention  of  1835),  to  call  a  second  convention. 

They  issued  a  call  for  a  convention  of  the  people  by 
delegates  to  meet  at  Ann  Arbor  December  14th.  In 
the  meanwhile,  great  efforts  were  making,  through  the 
organs  of  the  administration,  and  through  interested 
parties  to  secure  assent. 

The  opponents  of  the  movement  regarded  it  as 
wholly  illegal,  and  took  no  part,  so  that  as  a  rule  only 
those  favorable  to  assent  were  chosen  delegates.  The 
convention  met,  in  accordance  with  the  call,  at  Ann 
Arbor,  December  14th,  and  did  its  work  quickly  and 
smoothly  and  adjourned  on  the  15th.  They  professed 
to  regard  themselves  as  convened  under  the  act  of  the 
legislature  of  July  25th.  By  their  opponents  they  were 
dubbed,  and  for  many  years  were  known,  as  "the  frost 
bitten  convention." 

Of  this  single-day,  popular  convention,  General  John 
R,  Williams  of  Detroit,  was  president,  and  Kintzing 
Pritchett  (Secretary  of  State)  was  secretary.  Wayne 
county  furnished  most  of  the  ability  for  the  convention, 
including  in  her  delegation  General  J.  R.  Williams, 
president,  K.  Pritchett,  secretary;  Ross  Wilkins, 
(expectant  District  Judge)  ;  Daniel  Goodwin,  (U.  S. 
District  Attorney  elect)  and  Marshall  J.  Bacon,  one 
of  the  committee  that  called  the  convention.  The 
delegates,  except  ten,  (who  failed  for  reasons  unknown) 
signed  the  resolution  of  assent  and  it  was  forthwith  for- 


362      MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

warded  to  the  president.  Having  thus  fulfilled  its  pur- 
pose "with  neatness  and  dispatch"  the  "Frost  Bitten 
Convention"   adjourned  to  meet  no  more. 

It  had  been  claimed  by  those  apparently  authorized 
to  speak  for  the  administration,  that  unless  Michigan 
were  in  the  Union  by  the  first  of  January,  1837,  she 
could  not  participate  in  the  distribution  of  the  treasury 
surplus,  or  receive  the  five  per  cent,  from  the  sales  of 
the  public  lands;  and  this  was  another  "leverage" 
brought  to  bear  to  hurry  it  up.  Then,  too,  the  state 
government,  and  particularly  the  young  governor,  was 
getting  anxious  for  recognition  by  the  federal  adminis- 
tration. The  sword  of  Damocles  hung  over  the  head 
of  Governor  Mason  until  Michigan  was  safely  and 
snugly  in  the  Union,  and  a  poor  excuse  for  admission 
was  far  better  than  none. 

The  final  session  of  the  Twenty-fourth  Congress  com- 
menced on  December  5th,  1836,  and  in  the  record  of 
the  proceedings  of  the  senate,  December  27th,  we  find 
the  following: 

"A  message  was  received  from  the  President  of  the 
United  States,  through  A.  Jackson,  Jr.,  his  private  sec- 
retary, on  the  subject  of  the  admission  of  Michigan 
into  the  Union,  with  documents  stating  that  Michigan 
by  a  convention  held  at  a  late  day,  complied  with  the 
regulations  of  the  conditional  act  of  admission."  (26 
Debates   128). 

On  motion  of  Senator  Grundy  (Tenn.),  referred  to 
the  Committee  on  the  Judiciary. 


michigan  as  a  territory  363 

In  the  House  of  Representatives. 

December  27,   18^6. 

Message  of  President  Jackson  read,  and  on  motion  of 
Craig  referred  to  Committee  on  Judiciar}-.  (26  Debates 
1164). 

In  the  Senate. 

December  2g,   18^6. 

Grundy  (Tenn.)  from  the  Committee  on  the  Judici- 
ary reported  a  bill  for  the  admission  of  Michigan. 
Read  twice.  Grundy  moved  that  the  bill  be  now  read  a 
third  time.  Ewing  (Ohio)  objected.  Calhoun  (S.  C.) 
joined  in  the  objection,  and  moved  postponement. 
Debated  at  length  by  Grundy  (Tenn.),  Calhoun  (S. 
C),  Morris  (O.),  Buchanan  (Pa.),  Ewing  (O.)  Bill 
made  special  order  for  Monday,  January  2,    1837. 

Senate,  January  2,  18 jy.  Gnmdy  moved  to  take  up 
the  Michigan  bill.  Carried  22  to  16.  The  bill  was 
then  read  a  third  time.      (26  Debates  206). 

Morris  (Ohio)  moved  to  recommit  with  instruc- 
tions to  strike  out  the  preamble.  Calhoun  addressed  the 
senate  at  great  length  in  opposition  to  the  bill.  Debated 
by  Morris,  Grundy,  Strange  and  Dana.  On  motion 
of  Ewing  the  senate  adjourned. 

Tuesday,  January  ^rd,  /^J7-  Question  pending  on 
Morris's  motion  to  strike  out.  Ewing  (O.)  addressed 
the  senate  at  length  in  favor  of  motion  and  in  opposi- 
tion to  the  bill.  Further  debated  by  Buchanan,  Benton, 
Preston  and  Strange.    Ewing  moved  the  senate  adjourn, 


364     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

negatived  19  to  19.     After  a  few  more  words  Ewing 
moved  that  the  senate  adjourn.     Carried  21  to  17. 

In  THE  Senate. 

January  ^,  iS^y. 

Senate  proceeded  to  the  consideration  of  the  Michi- 
gan bill.  Bayard  (Del.)  spoke  at  great  length  in  oppo- 
sition to  the  bill.  Niles  (Conn.)  and  Fulton  (Ark.) 
favored  the  bill.  Question  then  taken  on  Morris' 
motion  to  recommit.     Negatived,  yeas  18,  nays  23. 

Southard  (N.  J.)  moved  to  strike  out  the  preamble. 
Defeated,  yeas  16,  nays  25.  After  several  more  dila- 
tory motions  the  senate  adjourned. 

In  the  Senate. 

January   5,    /^J/. 

The  bill  to  admit  Michigan  read  a  third  time  and 
pending  its  passage  Calhoun  once  more  addressed  the 
senate  in  opposition. 

Buchanan  replied.  After  more  debate  the  question 
was  taken  on  the  passage  of  the  bill,  and  it  passed, 
YEAS  23,  nays  10. 

The  yeas  were  Benton,  Brown,  Buchanan,  Dana,  Ful- 
ton, Grundy,  Hendricks,  Hubbard,  King  (Ala.),  King 
(Ga.) ,  Linn,  Nicholas,  Niles,  Page,  Parker  Rives,  Rob- 
inson, Sevier,  Strange,  Tallmadge,  Tipton,  Walker, 
Wall,    White,    Wright — 23. 

So  on  January  5,  i8^J,  the  bill  admitting  Michigan 
into  the   Union,   after  this   long  and  bitter  struggle, 


MICHIGAN  AS  A  TERRITORY  365 

passed  the  senate.  An  examination  of  the  roll-call  on 
the  final  passage  will  show  to  what  an  extent  it  had 
become  a  party  measure. 

The  bill  now  went  to  the  house  of  representatives 
where  after  brief  debate  it  passed,  and  on  the  26th  day 
of  January,  i8^J,  Michigan  took  her  place  in  the  great 
sisterhood  of  states  of  the  American  Union,  and  on  the 
same  day  John  Norvell  and  Lucius  Lyon  took  their 
seats  as  senators,  and  on  the  following  day  Isaac  E. 
Crary  was  sworn  in  as  a  member  of  the  house  of  repre- 
sentatives for  Michigan,  and  the  Territory  of  Michi- 
gan was  a  thing  of  history  only. 


CHAPTER  XXVI 

At  the  End 


11-24 


WE  have  now  conducted  Michigan  Ter- 
ritory to  the  threshold  of  Statehood, 
and  here  we  must  leave  her,  as  she 
enters  the  great  sisterhood  of  states 
as  a  free  and  sovereign  common- 
wealth. 

We  have  already  seen  her  a  French  Colfony — a  part 
of  New  France;  then  a  British  dependency,  attached 
to  Canada,  and  then  a  part  of  the  Province  of  Quebec; 
then  relinquished  to  the  United  States  by  the  treaty 
of  Paris,  and  claimed  by  several  of  the  individual  states. 
Next,  organized  into  the  territory  northwest  of  the 
Ohio  river,  later  known  as  the  "Northwest  Territory;" 
then  divided  between  the  Northwest  Territory  and 
Indiana  Territory;  and  finally,  in  1805,  organized  as 
Michigan  Territory.  We  have  seen  the  crysalis  of  the 
state  develop  in  1835  ready  for  the  emergence  of  the 
fully  organized  commonwealth.  Before  taking  leave 
of  the  territorial  pariod  we  should  state  some  account 
of  the  conditions  and  resources  of  the  territory  at  the 
date  of  emergence. 

1.  Instead  of  one  "beautiful  peninsula"  it  had  two, 
though  it  must  be  admitted  that  at  that  time  the  Upper 
Peninsula  was  little  known  and  less  appreciated.  These 
two  peninsulas  contained  a  land  area  of  56,243  square 
miles,  or  35,995,520  acres. 

2.  By  the  census  of  1834  the  territory  was  found  to 
have  a  population  of  87,273.  Any  suspicion  there  may 
have  been  at  that  time  that  this  territorial  census  was 
unduly  inflated,  was  set  at  rest  by  the  United  States 

369 


370     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

census  of  1840,  which  found  212,267,  ^^  increase  of 
124,994. 

If  we  suppose  that  one-half  of  this  growth  had 
occurred  before  January  26,  1837,  the  population  at 
that  time  would  be  149,769,  or  in  round  numbers  150,- 
000.  And  this  population  was  of  the  best.  At  that 
time  the  great  influx  of  foreign  elements  had  not  begun. 
The  people  were  very  largely  from  New  England  and 
New  York,  either  directly  or  by  way  of  Ohio.  There 
were  almost  none  from  the  slave-holding  states.  The 
Ordinance  of  1787  kept  them  away.  These  settlers 
brought  with  them  the  ideals  of  their  old  homes — a  love 
of  liberty,  law  and  order,  attachment  to  church  and 
school.  It  can  be  truthfully  said  that  no  western  state 
was  settled  by  a  better  class  of  people  than  Michigan 
in  the  territorial  period. 

3.  The  means  of  communication  had  become  greatly 
enlarged  and  improved.  The  chain  of  great  lakes  and 
their  connecting  waters  gave  ready  access  to  three  sides 
of  the  peninsula,  and  numerous  rivers  penetrated  the 
interior   on   all   sides. 

By  the  building  of  the  territorial  roads  by  the  gov- 
ernment, and  the  opening  of  local  roads  in  all  the  older 
counties,  it  was  possible  to  reach  almost  all  parts  of  the 
territory  south  of  the  Grand  and  Saginaw  rivers  with 
comparatively  little  hardship.  Moreover,  the  railroad 
had  already  made  its  advent.  In  1830  the  first  railroad 
was  chartered,  from  Detroit  to  Pontiac.  But  that  first 
company  did  not  build  the  road. 

In   1832  the  Detroit  and  St.  Joseph  Railroad  was 


MICHIGAN   AS   A   TERRITORY  37  I 

chartered  which  long  after  became  the  Michigan  Cen- 
tral Railroad.  In  1834  the  route  was  surveyed  by 
Lieutenant  J.  M.  Berrien  of  the  army.  This  road  was 
opened  for  traffic  to  Ypsilanti  in  1838.* 

The  Detroit  and  Pontiac  (a  new  company)  was  char- 
tered in  1834  and  was  operated  as  far  as  Royal  Oak,  12 
miles,  by  horse  power. 

About  the  same  time  a  railroad  was  building  from 
Toledo  to  Adrain  (the  Erie  and  Kalamazoo)  which  was 
opened  for  traffic  soon  after  the  admission  of  the  state. 
So  important  and  helpful  had  these  roads — territorial 
and  others — been  found,  that  when  the  constitution  of 
1835  was  framed,  the  general  feeling  of  the  people  of 
the  state  found  expression  in  this  provision:  "Internal 
improvements  shall  be  encouraged  by  the  government 
of  this  state.  And  it  shall  be  the  duty  of  the  legislature, 
as  soon  as  may  be,  to  make  provision  by  law  for  ascer- 
taining the  proper  objects  of  improvement  in  relation  to 
roads,  canals  and  navigable  waters."  It  will  be  seen 
hereafter  that  this  policy  led  the  young  state  into  deep 
waters ;  but  it  clearly  shows  the  high  estimate  in  which 
that  before  done  was  held. 

4.  A griculture  already  began  to  assume  importance, 
though  as  yet  only  sufficient  was  produced  to  supply  the 
wants  of  the  territory,  and  the  difficulty  of  getting  pro- 
duce to  market  as  yet  prevented  much  increase  beyond 
the  home  supply.  A  state  census  in  1837  showed  cere- 
als produced  as  follows:     Wheat   1,114,896  bushels. 


*The  Detroit  station  of  the  Detroit  and  St.  Joseph  Railroad 
Company  was  at  the  S.  E.  corner  of  Griswold  street  and  Michigan 
avenue  on  a  part  of  the  block  now  occupied  by  the  city  hall. 


372      MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

Oats  1,1 16,910  bushels.     Com  791,427  bushels.   Buck 
wheat  64,022  bushels. 

The  same  census  showed  neat  stock  (cattle)  89,- 
610  head,  horses  14,059  head,  sheep  22,684  head,  hogs 
109,096  head.  Nearly  all  this  agricultural  develop- 
ment had  taken  place  after  the  opening  of  the  land 
office  In  1818. 

5.  Mineral  wealth.  The  lower  peninsula  of  Michi- 
gan had  been  at  some  very  remote  period  the  bed  of  an 
ancient  sea,  which  had  left  one  of  the  greatest  deposits 
of  salt  on  the  globe.  And  though  this  was  not  known 
at  the  time,  yet  there  It  was,  safely  stored  for  the  future, 
and  the  cities  of  Saginaw,  Bay  City,  Manistee,  Luding- 
ton,  St.  Clair,  and  half  a  dozen  other  towns  and  cities, 
v'  '  ^  draw  their  sources  of  wealth.  In  great  part,  from  this 

cv-^%^({>Ji?     ancient  salt  deposit. 
-fU.<j'^>^  6.  The  surface  of  both  peninsulas  was  covered  with  a 

forest  growth  of  both  perennial  and  deciduous  trees, 
unsurpassed  In  the  world.  The  pine  forests  of  Michi- 
gan, for  weal  or  woe,  have  made  more  millionaires  in 
this  and  other  states,  then  the  gold  mines  of  California. 

7.  The  upper  peninsula,  which  in  1837  had  been 
forced  upon  us  against  our  wish,  has  proved  extremely 
rich  in  minerals  and  forests  "beyond  the  dreams  of 
avarice."  Mountains  of  Iron  and  millions  of  tons  of  cop- 
per ore  have  been  removed,  and,  like  the  pine  forests, 
mostly  have  gone  to  enrich  other  localities  in  the  east, 
leaving  Michigan  the  "stump  land"  and  the  worked  out 
mines, 

8.  The  schools  of  Michigan  at  the  end  of  the  terri- 


MICHIGAN  AS  A  TERRITORY  373 

torial  period  were  of  the  elementary  kind,  mostly  of  the 
primary  grade,  or  ungraded.  Neighborhood  schools 
were  established  by  the  settlers,  in  log  houses  built  by 
themselves,  and  teachers  were  often  paid  by  subscrip- 
tions. There  was  an  academy  and  a  college  in 
Detroit. 

The  germ  of  a  university  was  planted  in  1817.  The 
plan  was  embodied  in  the  absurd  and  pedantic  scheme 
of  Judge  Woodward.  It  was  to  be  known  as  the  Cath- 
olepistemiad  of  Michigania.  Its  nomenclature  made  it 
too  absurd  tO'  endure;  and  in  1821  the  act  was  revised, 
and  the  university  entrusted  to  a  board  of  2 1  trustees. 
But  it  remained  hardly  more  than  an  ideal  until  1837, 
when  under  the  guidance  of  Rev.  John  D.  Pierce,  first 
superintendent  of  public  instruction,  it  was  placed  upon 
a  thoroughly  sensible  and  practical  basis,  and  given  a 
body  and  soul. 

The  university  was  established  at  Ann  Arbor.  It  was 
to  be  governed  by  a  board  of  regents,  including  the 
governor,  lieutenant  governor,  chancellor,  judges  of  the 
supreme  court,  ex-officio,  and  twelve  regents  appointed 
by  the  governor.  This  continued  the  organization  until 
the  adoption  of  the  constitution  of  1850,  when  all  the 
regents  were  made  elective.  But  to  the  end  of  the  ter- 
ritorial period  the  University  remained  an  ideal  only, 
though  it  was  to  become  one  of  the  greatest  in  the 
world.  So  also,  the  graded  school,  the  grammar  school, 
the  high  school  and  the  rest  of  Michigan's  magnificent 
educational  system  were  as  yet  many  years  in  the  future. 


374     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

Their  story  will  be  told  hereafter  in  the  history  of  the 
state. 

9.  The  Roman  Catholic  Church  was  established  in 
Michigan  at  a  very  early  day,  by  the  first  French  set- 
tlers and  thte  Jesuit  Fathers.  There  was  a  St.  Ann's 
Church  at  Detroit  almost  as  soon  as  there  was  a 
Detroit.  The  first  permanent  Protestant  church  in  the 
territory  was  organized  in  Detroit  in  18 18.  It  was 
made  up  of  members  of  several  Protestant  denomina- 
tions, who  united  under  the  name  of  the  "First  Prot- 
estant Society."  Rev.  John  Montieth  became  the  first 
pastor.  He  was  also  one  of  the  two  original  (nom- 
inal) "professors"  in  the  (ideal)  University  of  Michi- 
gan.* 

The  Methodists  incorporated  in  1822,  and  the 
Episcopalians  in  1824,  and  from  that  time  forward 
churches  multiplied  in  all  parts  of  the  territory. 

10.  The  extent  of  settlement  of  the  territory  at  the 
close  of  the  territorial  period  can  be  judged  as  well, 
perhaps,  from  the  allotment  of  delegates  to  the  "Con- 
vention of  Assent"  September  26,  1836,  as  by  any 
means  within  our  reach. 

The  following  counties  were  represented  by  the  num- 
ber of  delegates  opposite. 

Allegan  and  Barry one 


*"The  Methodists  established  a  society  on  the  Rouge  river, 
about  five  miles  below  Detroit,  in  1810,  and  in  1818  erected  there 
the  first  protestant  church  in  Michigan.  The  church  was  built  of 
hewn  logs.  Its  size  was  24  by  30  feet.  It  was  occupied  by  the  so- 
ciety for  about  ten  years  when  it  was  burned."  Roberts  "Detroit" 
76. 


MICHIGAN   AS   A  TERRITORY  375 

Berrien     one 

Branch    one 

Calhoun    one 

Cass    two 

Chippewa     one 

Hillsdale     one 

Jackson      one 

Kalamazoo     two 

Lapeer    one 

Lenawee    four 

Macomb     three 

Monroe      four 

Oakland     six 

Ottawa,  Kent,  Ionia  and  Clinton one 

Saginaw,  Genesee  and  Shiawasse one 

St.  Clair one 

St.  Joseph two 

Washtenaw  and  Livingston seven 

Wayne    eight 

There  was  then  but  the  one  county  (Chippewa)  in 
the  Upper  Peninsula,  and  the  country  north  of  the 
Grand  on  the  west  of  the  peninsula  was  still  "Indian 
countr\'."  But  it  may  safely  be  assumed  that  where  a 
delegation  was  assigned  to  a  county  or  to  several  coun- 
ties, it  was  supposed  to  be  in  proportion  tO'  the  popula- 
tion. 

It  is  illuminating  to  notice  that  Oakland  county  had 
six  delegates  while  Genesee,  Shiawasee  and  Saginaw 
together  had  but  one. 


376      MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

The  HISTORY  OF  Michigan  as  a  Territory  is  not 
a  great  history,  nor  is  it  like  the  French  colonial  period, 
romantic. 

But  it  is  the  story  of  a  long,  stem  fight  of  hardy  and 
freedom-loving  pioneers  against  the  traditions  and 
results  of  an  ancient,  unprogressive  and  thriftless  past, 
molded  by  an  alien  race,  of  wholly  different  ideals; 
against  savage  nature  which  made  the  interior  of  the 
peninsula  almost  inaccessible;  against  savage  red  men, 
armed  and  urged  on  by  scarcely  less  savage  white  men ; 
against  the  devastations  of  war,  and  the  machinations 
of  more  powerful  neighbors ;  and  out  of  it  all  emerg- 
ing in  thirty  years  from  the  formation  of  the  territory, 
a  progressive,  prosperous,  orderly,  self-governing  com- 
monwealth. These  pioneers  from  1825  to  1835  were 
the  founders  and  builders  of  a  magnificent  state. 

On  their  foundation,  in  the  seventy  years  since,  has 
beeji  erected  a  fabric  noble  and  rich  far  beyond  their 
dreams.  To  them  the  work  was  hard,  toilsome  and 
sometimes  bitter  and  seemingly  squalid.  The  building 
of  foundations  is  often  so. 

But  it  was  a  good  foundation.  They  labored  and  we 
have  entered  into  the  fruits  of  their  labors.  The  motto 
on  the  seal  of  the  territory  had  been  verified  "Tandem 
fit  surculus  arbor" — the  sprout  has  become  a  tree  1 


APPENDIX 


The  Definitive  Treaty  of  Peace  "Done  at  Paris  the 
3rd  day  of  September,  '  1783,"  and  signed  by  David 
Hartley  on  the  part  of  England,  and  by  John  Adams, 
Benjamin  Franklin  and  John  Jay  on  the  part  of  the 
United  States  is  so  important  a  landmark  in  the  history 
of  the  Northwest,  and  of  Michigan  as  a  part  thereof, 
that  an  abstract  of  the  most  important  parts  is  here 
given. 

After  a  recital  of  the  characters,  titles  and  powers 
of  the  several  contracting  parties  and  signatories,  it 
proceeds : 

Art.  I.  Acknowledges  the  United  States  (naming  the  thirteen 
states,  severally  in  order)  to  be  free,  sovereign  and  independent 
states,  and  that  he  (His  Britannic  Majesty)  treats  with  them  as 
such. 

Art.  II.  *  *  *  It  is  hereby  agreed  and  declared  that  the 
following  are  and  shall  be  their  boundaries,  namely ;  *  *  *  "Along 
said  Highlands  which  divide  those  rivers  that  empty  themselves  into 
the  St.  Lawrence  from  those  that  fall  into  the  Atlantic  ocean,  to  the 
northwesternmost  head  of  Connecticut  river,  thence  down  along  the 
middle  of  said  river  to  the  45th  degree  of  north  latitude;  from 
thence  by  a  line  due  west  on  said  latitude,  until  it  strikes  the  river 
Iroquois  or  Cataraguy  (the  Saint  Lawrence),  thence  along  the  mid- 
dle of  said  river  into  Lake  Ontario,  thence  through  the  middle  of 
said  Lake  (Ontario)  until  it  strikes  the  communication  by  water 
between  that  lake  and  Lake  Erie,  thence  along  the  middle  of  said 
communication  into  Lake  Erie,  through  the  middle  of  said  lake  until 
it  arrives  at  the  water  communication  between  that  lake  and  Lake 
Huron ;  thence  along  the  middle  of  said  water  communication  into 
Lake  Huron ;  thence  through  the  middle  of  said  lake  to  the  water 
communication  between  that  lake  and  Lake  Superior ;  thence 
through  Lake  Superior  northward  of  Isles  Royale  and  Philipeaux  to 
the  Long  Lake,  thence  through  the  middle  of  said  Long  Lake  and 
the  water  communication  between  it  and  the  Lake  of  the  Woods,  to 
the  said  L?ke  of  the  Woods,  thence  through  the  said  lake  to  the 
most  northwestern  point  thereof;  and  from  thence  on  a  due  west 
course  to  the  River  Mississippi ;  thence  by  a  line  to  be  drawn  along 

379 


380     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

the  middle  of  said  River  Mississippi,  until  it  shall  intersect  the  north- 
ernmost part  of  the  31^^  degree  of  north  latitude;  thence  by  a  line  to 
be  drawn  due  east  from  the  determination  of  the  line  last  mentioned 
in  the  latitude  31  degrees,  north  of  the  Elquator  to  the  middle  of  the 
River  Apalachicola  (or  Catahouche),  thence  along  the  middle  there- 
of to  its  junctioa  v^ith  Flint  river;  thence  straight  to  the  head  of  the 
St.  Mary's  River ;  thence  down  along  the  middle  of  St.  Mary's  river 
to  the  Atlantic  Ocean. 

Art.  III.  The  People  of  the  United  States  shall  continue  to  en- 
joy unmolested  the  right  to  take  fish  of  every  kind  on  the  Grand 

Bank  and  all  other  Banks  of  Newfoundland. 

*      *      *      * 

Art.  IV.  That  the  creditors  on  either  side  shall  meet  with  no 
lawful  impediments  to  the  recovery  of  the  full  value  in  sterling 
money  of  all  bona  fide  debts  heretofore  contracted. 

Art.  V.  That  the  Congress  shall  earnestly  recommend  to  the 
legislatures  of  the  respective  states  to  provide  for  the  restitution  of 
all  estates,  rights  and  properties  which  have  been  confiscated,  be- 
longing to  real  British  subjects,  etc.,  *  *  *  and  "Liberty  to 
freely  go  to  any  part  of  the  13  states,  and  there  remain  12  months," 
shall  meet  with  nc  lawful  impediments  in  the  prosecution  of  their 
just  rights. 

Art.  VI.  That  there  shall  be  no  future  confiscations  made  nor 
prosecutions  commenced  against  any  person  pr  persons  for  or  by 
reason  of  the  part  he  or  they  may  have  taken  in  the  present  war, 
and  that  no  person  sl:all  on  that  account  suffer  any  future  loss  or 
dauiage,  in  person,  liberty  or  property. 

Art.  VII.  There  shall  be  a  firm  and  perpetual  peace  between 
His  P.ritannic  Majesty  and  said  states  and  between  the  subjects  of 
the  one  and  the  citizens  of  the  other.  Wherefore  all  hostilities  both 
by  sea  and  land  shall  from  henceforth  cease.  Prisoners  to  be  set 
at  liberty.  And  his  Brittanic  Majesty  shall  with  all  convenient  speed, 
and  without  causing  any  destruction  or  carrying  away  any  Negroes 
or  other  property  of  the  American  inhabitants  withdraw  all  his  Arm- 
ies, garrisons  and  fleets  from  the  said  United  States  and  from  every 
post  place  and  harbour  within  the  same,  to  leave  all  American  artil- 
lery— and  cause  all  archives,  records,  deeds  and  papers  belonging  to 
any  of  said  states  or  their  citizens — to  be  forthwith  restored  and  de- 
livered to  the  proper  states  and  persons  to  whom  they  belong. 

Art.  VIII.  The  navigation  of  the  River  Mississippi  from  the 
source,  to  the  ocean,  shall  forever  remain  free  to  the  subjects  of 
Great  Britain  and  the  United  States. 


MICHIGAN   AS   A   TERRITORY  38  I 

Art.  IX.  In  case  it  shall  happen  that  anj-  place  or  territory  be- 
longing to  Great  Britain  or  the  United  States  should  have  been  con- 
quered by  the  army  of  either  from  the  other,  before  the  arrival  of 
said  provisional  articles  in  Ainerica,  it  is  agreed  that  the  same  shall 
be  restored  without  difficulty  or  compensation. 

Art.  X.  The  solemn  ratification  of  the  present  treaty,  ex- 
pedited in  good  and  due  form,  shall  be  exchanged  bet\veen  the  con- 
tract parties  in  the  space  of  six  months  and  sooner  if  possible,  to  be 
computed  from  the  day  of  signing  of  the  present  treaty. 

Note.  Art.  X  relative  to  ratification,  as  well  as  the  supple- 
mentary resolution  of  Congress,  has  already  been  given  in  the  text. 
The  treaty  and  resolution  are  taken  from  a  volume  entitled  "The 
Definitive  Treaty  of  Peace." 

Manning  and  Loring,  Boston  1797. 


382      MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 
The  Origin  of  the  Ordinance  of  1787. 

As  stated  in  the  text,  around  few  questions  of  American  his- 
tory has  there  been  longer  or  more  earnest  controversy  than  in 
regard  to  the  authorship  of  the  ordinance  of  1787.  Our  conviction  is 
stated  in  the  text,  that  it  was  the  work  of  no  one  man  or  committee 
or  Congress.  It  was  an  evolution,  a  composite,  a  mosaic — or  to  use 
the  homely  expression  of  Nathan  Dane  in  his  letter  to  Rufus  King, 
a  "patchwork" — but  this  in  no  derogatory  sense. 

We  think  Mr.  Merriam  has  abundantly  demonstrated  this  in  his 
admirable  monograph  on  the  subject. 

Mr.  William  F.  Poole,  then  Librarian  of  the  Newberry  Library, 
Chicago,  in  his  address  before  the  American  Historical  Association, 
at  Washington,  December  26,  1888,  makes  this  unqualified  statement 
in  regard  to  the  history  of  the  ordinance.  He  says :  "The  main 
facts  concerning  it  are  now  zvell  established;  that  it  was  drafted  as  a 
part  of  the  scheme  devised  by  the  Ohio  Company  of  Associates, 
formed  in  Massachusetts,  for  buying  and  settling  a  large  tract  of 
land  in  Ohio,  on  the  Muskingum  river,  and  that  it  was  enacted  by 
the  unanimous  vote  of  Congress  in  furtherance  of  that  scheme.  As 
Dr.  Manasseh  Cutler  was  the  director  of  that  Company  who  with  an 
ability  and  sagacity  unsurpassed  conducted  this  business  before 
Congress  and  made  the  land  purchase,  the  main  credit  of  the  enact- 
ment of  the  ordinance  and  of  its  beneficent  results,  have  been  gen- 
erally awarded  to  him." 

Dr.  Poole  was  the  original  discoverer  of  the  Manasseh  Cutler 
myth  in  regard  to  the  ordinance.  He  not  only  admits  but  even 
boasts  of  the  parentage,  in  his  reply  to  Henry  A.  Chaney,  in  the 
Inlander.  He  says:  "The  fact  is  that  I  am  the  culprit  and  original 
perverter  of  history,  if  such  an  atrocious  act  has  been  committed." 
(Ordinance  of  1787,  p.  i  Ann  Arbor,  1892).  And  then  proceeds  to 
give  the  history  of  the  discovery  or  invention  as  follows:  "On  the 
evening  of  September  11,  1872,  I  was  at  the  house  of  Hon.  William 
P.  Cutler,  at  Marietta,  Ohio,  who  was  the  grandson  of  Dr.  Manas- 
seh Cutler.  The  conversation  turned  upon  historical  matters,  and  a 
large  mass  of  manuscripts  were  brought  out  for  my  inspection.  One 
of  these  was  a  copy  of  Dr.  Cutler's  diary,  which  he  kept  during  his 
visit  to  New  York  and  Philadelphia  in  the  summer  of  1787. 

I  had  never  seen  the  manuscript  before,  but  had  heard  of  it,  and 
read  the  extracts  from  it  printed  in  Spark's  'Life  of  Dr.  Franklin', 
etc.  As  I  turned  over  the  leaves,  I  remarked  that  this  diary  would 
evidently  throw  light  on  the  origin  of  the  ordinance  of  1787,  and 


MICHIGAN  AS   A  TERRITORY  383 

if  I  could  be  allowed  to  take  it  with  me  to  Cincinnati,  I  would  ex- 
amine it  and  report  what  I  found.  My  proposal  was  readily  acceded 
to ;  and  taking  it  with  me,  I  made  a  careful  examination  of  it  as  soon 
as  I  had  leisure.  I  found  what  I  expected.  *  *  *  I  prepared  a 
paper  on  the  subject  which  I  read  before  the  Cincinnati  Literary 
Club  December  21,  1872,  which  was  printed  entire  in  the  Cincinnati 
Commercial,  December  2^,,  1872,"  etc.     Poole,  Ord.  1787,  p.  14. 

On  what  basis  does  Dr.  Poole's  statement  that  it  is  now  a  "well 
established"  fact  "that  it  (the  Ordinance)  was  drafted  as  a  part  of 
the  scheme  devised  by  the  Ohio  Company  of  Associates  formed  in 
Massachusetts  for  buying  and  settling  a  large  tract  of  land  in  Ohio" 
rest? 

The  articles  of  association  of  the  Ohio  Company  will  be  found 
in  full  in  the  life  of  Manasseh  Cutler  Vol.  I,  page  181,  and  they  will 
be  scanned  in  vain  for  anything  that  even  remotely  suggests  the 
Ordinance  of  1787. 

The  correspondence  of  Dr.  Cutler,  General  Rufus  Putnam  and 
General  S.  H.  Parsons  (the  three  directors  of  the  Ohio  Company) 
will  be  searched  equally  in  vain  for  any  germ  or  tender  shoot  of  the 
great  ordinance.  Where  then  is  the  evidence  that  Dr.  Cutler  had 
any  part  in  framing  the  ordinance? 

Dr.  Poole  saj^s:  (Ord.  '87  p.  12)  "Dr.  Cutler  certainly  did  not 
draft  it  while  he  was  in  New  York;  for  his  diary  shows  that  his 
time  was  otherwise  fully  occupied.  He  had  an  interview  with  Gen- 
eral Rufus  Putnam  in  Boston  just  before  he  left  for  New  York, 
and  another  with  General  Parsons,  a  few  days  later,  at  Middletown. 
Conn.  He  might  have  brought  the  outline  of  a  draft  of  his  own 
which  he  submitted  to  them  (Putnam  and  Parsons)  or  one  of  theirs. 
They  were  associate  directors  of  the  Ohio  Company,  the  persons 
most  interested  in  the  terms  of  the  Ordinance.     *     *     * 

"No  evidence,  however,  has  come  to  my  knowledge  to  sustain 
this  supposition.    The  riddle  may  yet  be  explained."    p.  12. 

Fortunately  we  have  an  account  in  Dr.  Cutler's  diary  of  the 
"interviews"  with  both  General  Putnam  and  General  Parsons. 

"Monday,  June  25,  (1787)  conversed  with  General  Putnam.  Re- 
ceived letters.  Settled  the  principles  on  which  I  am  to  contract  with 
Congress  for  lands,  on  account  of  the  Ohio  Company."  That  is  all, 
and  it  requires  a  keen  sighted  eye  to  perceive  any  vision  of  the 
Great  Ordinance  therein.  It  is  all  about  a  contract  for  land,  and 
not  the  government  of  an  Empire.  But  he  had  an  interview  with 
General  Parsons.  Yes,  at  Middletown,  Connecticut,  on  Monday, 
July  2nd,  and  here  is  the  record  from  the  diary: 
11-26 


384     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

"It  was  9  o'clock  this  morning  before  General  Parsons  and  I 
had  settled  all  our  matters  with  reference  to  my  business  with  Con- 
gress." He  favored  me  with  a  large  number  of  letters  to  members 
of  Congress  and  other  gentlemen."  That  is  all.  No  government 
of  the  great  Northwest  Territory  there. 

But  Dr.  Poole  saj'S  in  his  reply  to  Mr.  Chaney:  "I  have  never 
made  the  statement,  for  I  have  no  evidence  to  sustain  it,  that  Dr. 
Cutler  was  the  author  of  the  ordinance."  (p.  4)  and  again  as  above 
quoted  (p.  12)  referring  to  the  supposition  that  Dr.  Cutler  "might 
have"  brought  the  draft  with  him.  He  says  "No  evidence,  however, 
has  come  to  my  knowledge  to  sustain  this  supposition."  But  he 
says :  "The  riddle  may  yet  be  explained."  Anyone  who  will  follow 
Mr.  Merriam's  monograph  carefully  will  find  the  explanation  of 
the  riddle. 

There  was  no  quorum  present  in  Congress  from  May  10  to  July 
5th,  of  which  fact  General  Putnam  and  Dr.  Cutler  were  well  aware, 
for  on  May  30th  in  a  joint  letter  to  Major  Winthrop  Sargent  then  in 
New  York,  they  beg  him  to  "give  the  earliest  information  when 
Congress  is  sufficiently  represented"  for  their  purpose. 

July  5  (in  the  evening)  Dr.  Cutler  arrived  in  New  York.  July 
6  delivered  most  of  his  letters  to  members  of  Congress.  Prepared 
papers  for  making  application  to  Congress  "for  making  purchase  of 
lands  in  the  Western  Country,  for  the  Ohio  Company."*  Was  in- 
troduced to  a  number  of  members  on  the  floor  of  Congress  cham- 
ber by  Colonel  Carrington  of  Virginia.  (Carrington  was  then  a 
member  of  the  Committee  on  the  survey  and  sale  of  lands.)  "De- 
livered my  petition  for  purchasing  lands  for  the  Ohio  Company  and 
proposed  terms  and  conditions  of  purchase."  A  committee  was  ap- 
pointed to  agree  on  terms  of  negotiation."!  Dined  with  Mr.  Dane. 

Sunday,  July  Sth.  Dr.  Cutler  dined  at  Sir  John  Temple's  (Eng- 
lish Consul)  with  Mr.  Dane.  "Supped  with  Mr.  Hazzard."  (Hon. 
Ebenezer,  P.  M.  General). 

Monday,  July  9.  "Waited  this  morning  very  early  on  Mr.  Hut- 
chins  (Geographer).  He  gave  me  the  fullest  information  of  the 
western  country." 

Attended  the  committee  before  Congress  opened,  and  then  spent 
the  remainder  of  the  forenoon  with  Mr.  Hutchins.  (This  must  have 
been  the  committee  on  survey  and  sale,  to  which  his  petition  had 
been  referred.)  Dined  at  Dr.  Rogers  in  company  with  Dr.  Wither- 
spoon.    After  dinner  attended  the  Committee  at  Congress  chamber. 

*i  Cutler  230. 
ti  Cutler  230. 


MICHIGAN  AS  A  TERRITORY  385 

Debated  on  terms,  but  were  so  wide  apart  that  there  appears  little 
prospect  of  closing  a  contract."  (So  this  hearing  was  in  regard  to 
terms  of  a  contract  for  purchasing  lands.) 

July  10.  "This  morning  another  conference  with  the  Commit- 
tee."    (So  this  was  the  same  committee  on  survey  and  sale.) 

"Dined  with  Colonel  Duer  in  company  with  Mr.  Osgood."  (Mr. 
Osgood  was  a  member  of  the  Treasury  Board,  through  whom  the 
purchase  must  be  made,  and  Colonel  Duer  was  the  Secretary  of  that 
Board,  and  at  the  same  time  organizer  and  promoter  of  the  Scioto 
Company,  for  which  Dr.  Cutler  effected  the  purchase  of  several  mil- 
lions of  acres  of  land  through  that  same  Treasury  Board.) 

It  will  be  observed  that  thus  far  there  has  been  not  the  slightest 
mention  of  any  form  of  government  for  the  Western  country.  It  all 
relates  to  terms  for  a  contract  of  purchase  of  lands. 

But  the  next  entry  is  the  one  relied  on  to  raise  the  presump- 
tion that  Dr.  Cutler  had  considerable  to  do  with  the  formation  of 
the  ordinance.  It  is  as  follows :  "As  Congress  was  now  engaged  in 
settling  the  form  of  government  for  the  Federal  Territory  for  which 
a  bill  had  been  prepared  and  a  copy  sent  me,  with  leave  to  make  re- 
marks and  make  amendments,  and  which  I  had  taken  the  liberty  to 
remark  upon,  and  to  propose  several  amendments,  /  thought  this 
the  most  favorable  opportunity  to  go  on  to  Philadelphia.  According- 
ly after  I  had  returned  the  bill  with  my  observations,  I  set  out  at 
seven  o'clock,  and  crossed  North  River,  to  Paulus  Hook."  And  that 
was  the  last  of  Dr.  Cutler  in  New  York  until  the  17th,  and  the 
ordinance  became  law  on  the  13th.  Is  it  not  surprising  that  at  this 
critical  moment,  when  "Congress  is  engaged  in  settling  the  form  of 
government  for  the  federal  territory,"  he  should  have  chosen  to  be 
absent  for  an  entire  week? 

In  order  to  correctly  interpret  this  entry  we  must  bear  in  mind 
that  the  ordinance  (Johnson's)  had  been  on  the  table  since  May  10, 
because  there  was  no  quorum.  That  the  "committee  to  agree  on 
terms  of  negotiation"  was  appointed  at  the  Friday  session  (6th). 
That  on  Monday  9th,  the  ordinance  was  taken  from  the  table,  and 
referred  to  the  new  committee,  consisting  of  Carrington,  Dane,  Lee, 
Keane  and  Smith :  As  this  committee  had  not  yet  reported  when 
Dr.  Cutler  left  New  York  for  Philadelphia,  the  copy  of  bill  which 
was  sent  him  must  have  been  the  "Johnson  Ordinance,"  which  was 
taken  from  the  table  on  the  9th.  There  could  have  been  no  other 
for  the  committee  did  not  report  until  the  nth,  when  Dr.  Cutler  was 
well  on  his  way  to  Philadelphia,  unless,  indeed,  it  refers  to  the 
Ordinance  for  sale  of  land  to  the  Ohio  Company.    He  undoubtedly 


386     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

noted  his  "observations"  on  the  printed  bill,  in  the  midst  of  that  very 
busy  day,  and  returned  it  in  the  course  of  the  afternoon,  in  time  to 
cross  North  River  at  7  o'clock. 

If  only  that  copy  of  the  bill  could  be  found  with  Cutler's  notes 
thereon,  we  would  know  just  how  much  he  had  to  do  with  passing 
the  ordinance  of  1787.  It  must  be  remembered  that  Dr.  Cutler  never 
claimed  to  be  the  author  of  any  particular  article,  paragraph  or 
clause  of  the  Ordinance,  at  least  we  have  found  no  such  claim  in 
his  diary  or  letters.  Some  of  his  descendents  allege  that  late  in  life 
he  claimed  the  authorship  of  the  anti-slavery  Compact,  Art.  6.  But 
we  know  the  genealog>'  of  that,  beyond  a  peradventure.  But  there 
is  a  key  to  the  "riddle."  He  was  in  New  York  to  purchase  lands  for 
the  Ohio  Company  and  for  a  "private  speculation,"  to  use  his  own 
words,  these  lands  afterward  to  he  sold  for  the  Ohio  Company  or 
for  "private  speculation." 

The  "Johnson  Ordinance"  was  referred  to  the  Committee  on  the 
9th.  When  so  referred  it  had  no  property  qualification  except  in  the 
case  of  representatives,  who  are  required  to  be  freeholders  to  the 
extent  of  200  acres  of  land  and  electors.  When  it  was  reported  out 
by  the  committee  on  the  iith,  it  provided  that  the  Governor  should 
be  a  freeholder  to  the  amount  of  1000  acres,  the  Secretary  and 
Judges  each  to  the  amount  of  500  acres,  and  every  elector  a  free- 
holder to  the  amount  of  50  acres  of  land.  As  none  of  the  previous 
ordinances  or  proposed  amendments  had  any  such  qualification  ex- 
cept as  above  stated,  it  looks  probable  that  these  were  some  of  the 
"observations"  noted  on  the  bill  by  Dr.  Cutler. 

Dr.  Cutler  again  reached  New  York  on  the  evening  of  the  17th. 
On  the  19th  he  makes  this  entry:  "Called  on  members  of  Congress 
very  early  this  morning.  Was  furnished  with  the  Ordinance  es- 
tablishing the  government  in  the  Federal  Territory.  It  is  in  a  de- 
gree nezv  modeled.  The  amendments  I  proposed  have  all  been  made 
except  one,  and  that  is  better  qualified."  "It  was  that  we  should  not 
be  subject  to  continental  taxation  until  we  were  entitled  to  a  full  rep- 
resentation in  Congress."  We  see  again  how  the  mind  of  Dr.  Cut- 
ler was  running  on  the  financial  interest  of  the  Ohio  Company.  As 
the  Ordinance  was  nozv  law,  and  was  not  again  changed,  of  course 
Dr.  Cutler's  influence  in  its  formation  was  at  an  end. 

It  will  be  noted  that  Dr.  Cutler  says  in  his  diary  that  the  ordi- 
nance was  "qualified"  by  providing  "that  we  (the  Ohio  Company) 
shall  not  be  subject  to  continental  taxation  until  zve  (the  Company 
or  the  Ohio  settlement)  were  entitled  to  full  representation  in  Con- 
gress."    As  no  such  provision  will  be  found  in  the  "ordinance  for 


MICHIGAN  AS  A  TERRITORY  387 

the  government  of  the  Territory  Northwest  of  the  Ohio  river,"  it  at 
once  raises  the  question  to  what  does  this  refer.  It  cannot  refer  to 
the  "Ordinance  of  1787." 

The  writer  is  informed  by  Mr.  Merriam,  who  was  for  years  sec- 
retary to  the  late  Senator  Hoar,  that  the  study  of  that  distinguished 
statesman  brought  him  to  the  conclusion  that  this  whole  entry  refers 
to  the  sale  ordinance,  and  not  to  the  government  ordinance.  That 
seems  the  most  reasonable  in  fact  the  only  way  in  which  to  explain 
this  cryptic  entry. 

But  there  are  two  additional  extracts  from  this  remarkable  diary 
which  ought  to  be  recorded. 

"July  27,  (1787).  By  this  ordinance  we  obtained  the  grant  of 
nigh  5,000,000  acres  of  land,  amounting  to  three  millions  and  a  half 
dollars.  One  million  and  a  half  acres  for  the  Ohio  Company,  and 
the  remainder  for  a  private  speculation,  in  which  many  of  the  priri- 
cipal  characters  of  America  are  concerned."    Cutler  diary,  page  305. 

The  account  given  in  his  diary  of  the  means  and  methods  by 
which  it  was  accomplished  is  both  instructive  and  amusing.  The 
whole  Continental  Congress  was  no  match  in  diplomacy  for  this 
Yankee  preacher.  He  shows  a  finesse  worthy  of  a  Tallyrand.  He 
first  made  a  firm  ally  of  Col.  Duer,  a  member  of  the  Treasury  Board, 
and  then  there  seems  no  doubt  that  he  took  into  camp  Mr.  Osgood, 
another  member  of  the  Board,  and  the  manner  in  which  he  sue 
ceeded  in  interesting  "some  of  the  leading  characters  in  America" 
in  his  "private  speculation"  to  the  extent  of  3,500,000  acres  shows 
that  he  was  willing  to  "live  and  let  live."  This  "private  speculation" 
seems  to  have  cut  pretty  closely  around  not  only  the  "Treasury 
Board"  but  the  constitutional  convention  then  in  session  in  Phila- 
delphia, as  well. 

His  hurried  trip  to  Philadelphia  where  the  convention  was  sit- 
ting is  nowhere  explained,  but  it  is  pretty  evident  that  he  did  not 
go  "for  his  health"  nor  for  the  express  purpose  of  visiting  the  Uni- 
versity or  the  hospital,  or  Mr.  Peal's  remarkable  collection  of  wax 
works,  pictures  and  stuffed  birds  and  animals.  But  it  seems  pretty 
certain  that  he  bagged  some  "big  game,"  as  among  the  names  on 
Colonel  Duer's  list  of  "speculators"  or  "adventurers"  appear  those  of 
some  of  "the  leading  characters"  of  that  convention,  including  Alex- 
ander Hamilton  and  others  almost  as  well  known. 

When  he  got  back  to  New  York  he  "made  things  happen  lively." 
There  were  no  telephones  in  those  days;  if  there  had  been,  the 
wires  would  have  been  kept  hot. 

The  manner  in  which  General  St.  Clair,  President  of  Congress, 


388      MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

was  made  a  firm  ally  was  another  stroke  of  genius.  The  Ohio  Com- 
pany had  planned  that  General  Samuel  H.  Parsons,  one  of  their 
Directors  should  be  first  Governor  of  the  Northwest  Territory,  but 
when  it  had  been  agreed  that  General  St.  Clair  should  receive  that 
post,  "the  business  progressed  more  favorably." 

In  conclusion,  we  know  what  "Jefferson's  Ordinance"  of  1784 
contained.    We  know  what  Monroe  attempted. 

We  knozv  what  King's  amendment  was  as  reported  by  his  com- 
mittee. 

We  know  what  was  embraced  in  "Johnson's  Ordinance"  or  re- 
port, referred  to  the  Committee,  July  9,  1787,  and  we  know  that  from 
all  these  can  be  culled  almost  every  permanent  provision  of  the 
ordinance  except  Art.  Ill,  relating  to  "Religion,  Morality  and 
Knowledge,"  and  good  faith  to  be  observed  with  the  Indians,  and 
that  part  of  Art.  II  relating  to  the  inviolability  of  private  contracts. 
These  provisions  were  in  the  handwriting  of  Mr.  Nathan  Dane  when 
reported  to  Congress,  and  he  always  claimed  that  they  were  inserted 
on  his  motion.  No  one  else,  that  we  are  aware  of,  has  ever  explicit- 
ly claimed  their  authorship.  Certainly  Dr.  Manasseh  Cutler  never 
did.  The  "Crowning  Glory"  of  the  ordinance, — Article  VI  of  the 
"Compact,"  absolutely  prohibiting  slavery  in  the  Territory,  was  first 
suggested  by  Colonel  Timothy  Pickering  in  the  petition  of  the  288 
revolutionary  officers  and  soldiers,  for  a  grant  of  land  in  the  Ohio 
country ;  was  incorporated  by  Jefferson  in  his  ordinance  as  reported ; 
re-offered  by  Rufus  King  at  the  instance  of  Pickering;  and  finally 
offered  by  Dane,  almost  in  the  very  words  of  King's  amendment,  as 
reported  back  from  the  committee  with  the  fugitive  slave  proviso, 
but  limited  to  the  country  north  of  the  Ohio,  and  enacted  by  the 
vote  of  five  southern  and  three  northern  states. 

One  more  extract  from  the  Cutler  diary  will  close  this  too  long 
note. 

"Saturday,  Oct.  27th,  (1787).  This  day  completed  our  contract 
with  the  Board  of  Treasury  for  near  six  millions  of  acres  of  land, 
and  Major  Sargent  and  myself  signed  the  indented  agreement  on 
parchment  in  two  distinct  contracts,  one  for  the  Ohio  Company 
and  one  for  the  Scioto  Company,  the  greatest  private  contract  ever 
made  in  America.  Dined  with  General  Knox.  *  *  *  Supped  and 
adjusted  our  Scioto  matters." 

Here  is  disclosed  the  propelling  power  that  carried  the  ordi- 
nance through,  not  the  "great  ordinance"  but  the  ordinance  for  the 
sale  of  land  to  the  Ohio  Company. 

But  so  far  from  finding  as  an  "established  fact"  that  Manasseh 


MICHIGAN  AS  A  TERRITORY  389 

Cutler  either  drafted  the  ordinance  for  the  government  of  the 
Northwest  Territory  himself,  or  brought  with  him  such  a  draft  made 
by  another,  we  have  been  able  to  find  no  evidence  whatever  that  he 
did  either.  The  ordinance  was  the  gradual  growth  of  ten  years 
thought  and  experiment  of  many  of  the  "principal  characters  of 
America,"  but  not  the  same  "principal  characters"  who  were  inter- 
ested in  the  ill  reputed  "Scioto  purchase."  As  a  legal  proposition  we 
do  not  hesitate  to  aver  that  there  is  not  a  scintilla  of  competent,  legal 
evidence,  that  Manasseh  Cutler  was  the  author  of  the  "Ordinance  of 
1787,"  or  any  material  part  thereof. 


390     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

The  Moravians  in  Michigan. 

In  the  history  of  the  West  there  are  few,  if  any,  more  sad  and 
pathetic  stories  than  that  of  the  Moravian  Mission  Indians  of  the 
Tuscarawas  Country  of  Ohio.  It  is  probably  known  to  only  compar- 
atively few  of  the  people  of  Michigan  at  this  day,  we  believe,  that 
for  upward  of  three  years  (1782-1786),  these  Christian  Indians  re- 
sided near  the  site  of  the  present  city  of  Mount  Clemens,  on  the 
Huron  (now  called  the  Clinton)  river.  The  following  documents — 
from  the  original  manuscripts  in  the  possession  of  C.  M.  Burton  of 
Detroit — a  petition  from  the  Missionaries  and  assistants,  to  Major 
William  Aucrum,  British  Commander  at  Detroit,  dated  February 
26,  1786,  and  a  letter  from  John  Heckerwelder  to  John  Askin,  dated 
tlie  following  day — tell  in  simple  language  of  their  coming,  settle- 
ment and  removal.    But  back  of  that  lies  the  saddest  of  the  story. 

The  Moravians  had  come  from  the  Lehigh  and  the  Susquehanna 
in  1770,  and  settled  on  the  Big  Beaver  in  Pennsylvania,  the  first 
converts  being  from  the  Mohicans  of  New  York. 

In  1772  they  were  invited  by  the  Delawares  of  the  Tuscarawas 
in  Ohio  to  remove  to  their  country  which  they  did;  and  for  a  time 
enjoyed  a  peaceful  and  prosperous  life.  In  the  valley  of  the  Tus- 
carawas (Muskingum)  they  built  three  villages,  Schoenbrun  (beau- 
tiful spring)  Gnadenhutten  (Tents  of  Grace)  and  Lichtenau.  In 
each  was  the  Christian  church,  the  school  house  and  the  daily  relig- 
ious service.  They  built  good  houses,  they  cultivated  large  fields 
of  corn,  and  raised  much  stock.  They  were  peaceful,  industrious 
and  happy.  Their  troubles  began  with  Lord  Dunmore's  war  in  1774, 
when  the  war  spirit  rose  around  them.  During  the  American  Revo- 
lution they  found  themselves  between  two  fires — the  British  at 
Detroit  and  the  Americans  at  Pittsburg;  and  their  settlements  were 
almost  on  the  line  of  the  great  war-path  from  Detroit  and  the  Rap- 
ids of  the  Miami  of  the  Lake  to  the  Ohio  valley.  By  attending 
strictly  to  their  own  business  and  practicing  Christian  hospitality  to 
both  sides,  they  succeeded  in  passing  safely  through  the  first  five 
years  of  the  American  Revolution.  But  in  1781  Captain  Pipe,  the 
leader  of  the  war  party  among  the  Delawares,  lodged  a  complaint 
against  the  Missionaries  with  Major  Arendt  Schuyler  DePeyster, 
commandant  at  Detroit,  that  the  Moravians  were  in  secret  sym- 
pathy with  the  Americans,  and  were  giving  valuable  information  to 
the  American  commander  at  Pittsburg. 

It  was  on  this  charge  that  Heckerwelder,  Zeisberger  and  their 
assistants  were  summoned  to  Detroit  in  November,  1781,  when  the 


MICHIGAN  AS   A  TERRITORY  39 1 

"trial"  occurred,  to  which  reference  is  made  in  the  petition.  Captain 
Pipe  failed  to  sustain  his  charge,  and  the  Missionaries  and  their  as- 
sistants returned  to  the  Sandusky,  to  which  they  had  been  compelled 
to  remove  in  the  previous  September. 

"The  intense  sufferings  of  the  poor  people  from  exposure  and 
starvation  during  the  winter  induced  a  hundred  or  more  under 
Glickhican  and  five  other  assistants  to  return  in  February,  1782,  to 
their  villages  (on  the  Muskingum)  to  save  the  corn  left  standing  in 
their  fields.  On  the  7th  of  March  they  had  just  finished,  and  were 
about  to  return,  when  a  merciless  crew  of  ninety  men  from  the  Ohio, 
one  of  whom,  named  David  Williamson,  passed  for  "Colonel"  came 
upon  them,  and  having,  under  pretense  of  escorting  them  to  Pitts- 
burg secured  their  guns,  hatchets  and  even  pocket  knives,  shut  them 
up  in  two  houses  where  they  then  slaughtered  all  of  them  like  sheep, 
men  and  women,  ninety-six  in  number.  This  "Colonel"  left  it  to  a 
vote  whether  he  should  keep  his  word,  or  murder  the  deluded  pris- 
oners, and  only  18  of  the  90  were  honest  enough  to  oppose  this  bas- 
est of  massacres."*  It  is  believed  that  the  "Mountain  Meadow  Mas- 
sacre" in  Utah,  is  the  only  parallel  for  this  dastardly  and  inhuman 
slaughter,  to  be  found  in  American  history. 

In  the  "land  ordinance"  of  1785,  Congress  attempted  to  make 
some  reparation  to  this  harried  and  persecuted  people  by  a  grant 
of  land  including  their  old  settlements  on  the  Tuscarawas. 

As  soon  as  the  ice  in  Lake  St.  Clair  and  Detroit  river  permitted 
in  the  spring  of  1786  the  Colony  on  the  Huron  (Mount  Clemens) 
set  sail  in  two  small  schooners  for  the  mouth  of  the  Cuyahoga  river, 
which,  after  the  wreck  of  one  of  their  vessels,  they  reached.  But 
the  missions  could  never  again  be  gathered  in  their  old  "Tents  of 
Peace,"  nor  by  their  "Beautiful  Spring."  The  British  government 
having  offered  them  a  large  reservation  on  the  River  Thames,  in 
Upper  Canada,  a  part  of  them  removed  to  that  place,  where 
they  built  a  new  Gnadenhutten  which  had  grown  to  a  hundred 
houses  when  the  Battle  of  the  Thames  was  fought  there,  October  5, 
1813,  and  the  next  day  the  town  was  looted  and  burned  by  the  Ken- 
tucky troops,  upon  a  report  or  suspicion  that  some  of  their  kith  and 
kin  had  been  concerned  in  the  massacre  at  River  Raisin  in  the  prev- 
ious January.  Heckerwelder  and  Zeisberger  both  returned  to  their 
former  home  in  Ohio,  where  they  spent  the  remnant  of  their  days, 


♦King's  Ohio   157. 


392      MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

to  a  good  old  age.     But  the  day  of  the  success  and  the  glory  of  the 
Moravian  mission  was  gone  forever.* 

The  following  documents  have  never  before  been  published. 
For  the  copies  we  are  indebted  to  C.  M.  Burton,  President  of  the 
Michigan  Historical  Society. 

Askins  Papers,  The  following  is  printed  verbatim. 

Vol.  I,  p.  147- 

Addressed  to 

William  Ancrum,  Major 
Commandant  ect: 
at 
Detroit. 

River  Huron,  February  26th,  1786. 
Sir, 

It  may  not  be  unknown  to  You,  that  we  the  Missionaries,  now 
Living  on  the  River  Huron  were  towards  the  End  of  the  last  War 
taken  and  carried  with  the  Christian  Indians  belonging  to  Us  to 
Sandusky.  We  were  from  thence  called  into  Detroit,  where  in  a 
Councill,  the  Warriors  present,  our  cause  was  tried,  and  We  hon- 
ourably acquitted,  after  which  Major,  now  Col'o  DePeyster  furnished 
us  with  Necessary's  and  a  Pass  to  return  and  Live  with  our  In- 
dians in  Peace,  but  finding  soon  after  that  our  Life  was  in  Danger, 
he  in  the  Spring  following,  sent  for  Us  to  come  into  Detroit.  We 
lived  formerly  on  the  River  Muskingum,  where  we  had  for  Years 
together  enjoyed  Peace  on  all  sides.  We  had  Three  large  Villiages 
and  thro'  Industry  our  Indians  were  so  far  advanced,  that  they 
hardly  knew  or  remembered  of  anything  they  wanted.  Large  and 
compleat  dwelling  Houses,  with  furniture;  a  great  Number  of 
horses ;  upwards  of  200  Cattle ;  besided  some  hundreds  of  Hoggs, 
with  the  Corn  on  the  Ground  ripe  for  Harvest,  amounting  at  a 
moderate  Computation  to  5000  Bushel,  were  either  Destroyed  there, 
or  afterwards  lost.  A  few  Days  after  our  arrival  at  Detroit,  Col. 
DePeyster  consulted  our  welfare,  and  wished  with  Us,  to  see  Us 
settled  with  out  Indians  again,  that  they  might  further  be  Instructed 
in  the  Gospel  way.  He  first  proposed  to  Us,  to  return  over  the  Lake 
to  where  our  Indians  was,  and  promised  every  assistance  in  his 
Power,  but  we  being  too  sensible  that  the  same  People  who  were 
the  cause  of  our  Destruction  were  still  residing  among  the  Indians, 


*For  an  excellent  brief  history  of  the  Moravian  Indian  mission 
see  Rufus  King,  Ohio,  in  the  American  Commonwealth  Series. 


MICHIGAN  AS  A  TERRITORY  393 

and  of  whom  we  had  good  reason  to  believe,  wished  rather  the  In- 
dians might  remain  as  they  was,  than  to  be  converted  or  civilized, 
would  always  be  ready  to  do  Us  any  Mischief?  which  lay  in  their 
power.  The  Col'o  believing"  the  Apprehention  we  were  under  not 
to  be  groundless,  proposed  next :  That  We  and  our  Indians  should 
settle  down  the  River,  either  on  an  Island,  or  any  other  place, 
which  might  suit  Us  best,  but  as  objections  were  made,  the  Island 
being  to  heavy  Timbered,  and  the  War  path  passing  by  the  other 
places,  he  at  length  consulted  the  Chibbaway  Chieffs,  and  it  was 
agreed  upon  between  them,  that  We  might  Live  on  their  Land  on 
this  River  untill  Peace  should  be  made,  then  to  return  again  when- 
ever We  chose.  He  then  sent  Speeches  to  our  Indians,  at  and 
about  the  Shawnee  Towns  to  invite  them  in  and  after  the  arrival  of 
the  first,  informed  them  of  the  whole  matter.  He  then  accordingly 
went  with  those  Indians  in  search  of  a  place,  and  pitched  upon  the 
spot  We  now  live  on,  which  was  an  entire  Wilderness.  We  began 
to  Work  on  our  Improvement  the  26th  July,  1782,  and  have  contin- 
ued so  untill  the  present  Day,  in  which  time  we  with  our  Indians, 
have  built  a  small  Villiage  consisting  of  27  log  Houses,  besides  some 
Stables,  out  Cellars,  and  smaller  Buildings.  We  have  cleared  Lands 
in  different  places  about  the  Village,  made  fences,  ect :  so  that  it 
appears  to  Us  to  be  a  Valuable  Improvement  at  which,  if  it  suited 
our  Destination,  we  could  now  live  contentedly  and  more  at  ease.  But 
we,  being  sent  by  the  Bishops  of  our  Church  to  reside  near  the  Del- 
laware  Nation,  to  continue  to  Instruct  them  in  the  Gospel,  as  We 
had  done  this  Thirty  Years  past,  finding  this  not  to  be  the  proper 
place,  that  Nation  being  so  far  distant,  and  they  not  inclined  to 
'hange  a  good  hunting  ground  for  a  worse,  neither,  that  the  one 
half  of  the  Indians  belonging  to  Us  have  yet  on  this  present  Day 
joined  Us  on  this  very  account.  And  moreover.  We  having  found 
that  the  Chibbaways  more  and  more  Uneasy  that  we  stay  here  so 
long  on  their  Land  after  the  Peace.  And  that  our  Indians,  whoom 
they  call  expert  Hunters,  destroy  all  their  Game.  We  therefore, 
have  at  length  resolved  to  go  to  our  former  place,  and  for  that  pur- 
pose acquaint  You  of  it.  But  at  the  same  time  We  beg  leave  to  ask 
a  favour  of  You,  which  is :  to  sell  our  Improvement.  We  do  not 
speak  of  selling  the  Land.  The  Chibbaways  have  frequently  told 
Us  that  it  belonged  to  them,  and  to  no  body  else.  We  only  men- 
tion the  Improvement,  in  which  a  vast  of  Labour  is  sunk.  We  un- 
derstand, that  a  number  of  French  intend  to  take  possession  of  our 
Houses  and  Labour,  without  giving  us  the  least  Satisfaction,  but 
We  believe  it  to  be  far  from  the  approbation  of  a  Comanding  Offi- 


394     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

cer  to  see  Us  served  in  such  a  manner.  We  rather  believe  that 
You  will  direct  matters  so  that  Justice  may  be  done  Us  in  that  re- 
spect. And  we  are  persuaded,  could  You  but  take  a  view  of  this 
our  Improvement,  You  would  readily  acknowledge,  that  we  justly 
deserve  something  for  it.  We  therefore  most  humbly  present  this 
Petition  to  You,  confident  of  receiving  from  You  a  favourable  An- 
swer. 

We  beg  yet  to  mention  that  Necessity  presses  us  greatly  to  such 
a  request,  for  it  is  hard  to  begin  again  with  empty  hand. 
Written  and  Signed  by 
Sir 

Your  most  Obed't 

and  Humb'e  Servants 
Dav.  Zeisberger 
John  Heckerwelder 
William  Edwards 
and  in  behalf  of  |  George  Youngman 
I  Gottlob  Senseman 
I  Michael   Young  absent 

and  in  the  Name  of  the  Christian  Indians  with  Us 

Recorded  in  the  Land  Office  at  Detroit  in  Liber  E.  folio  12  etc 

By  me 
Geo.  Hoffman,  Register. 

Askins  Papers  Addressed  to 

Vol.  I,  p.  149.  Mr.  John  Askin 

Mercht  at 
Detroit. 

River  Huron,  Feb'ry  27th,  1786. 
Dear  Sir, 

I  would  fain  have  mentioned  to  You  sooner,  that  I  had  received 
the  30  lb.  Coffee  by  Mr.  Dolson,  but  had  no  propper  Opportunity. 
Now  I  am  to  ask  Liberty,  of  You  in  proposing  a  way,  which  we 
think  perhaps  easiest  and  best  concerning  our  Improvement,  but  it 
is  rather  to  ask  Your  advice  in  the  matter.  We  are  told,  that  there 
are  both  French  and  English  People  watching  for  Us  to  leave  the 
place,  who  immediately  intend  to  go  in  Our  Houses  and  make  them- 
selves masters  of  our  Labour,  without  the  smalest  reward.  We 
therefore,  considering  our  circumstances,  (and  that  We  have  but  a 
short  time  to  stay,  if  we,  as  we  intend  to,  set  off  as  soon  as  the 


MICHIGAN  AS   A  TERRITORY  395 

Lake  is  clear  of  Ice)  know  of  no  better  method,  than  to  lay  the  mat- 
ter before  the  Major  of  Detroit  cit.  of  whoom  we  are  fully  persuaded 
to  believe,  that  he  will  act  impartial,  and  do  Us  justice.  We  there- 
fore being  acquainted  with  You,  to  lay  the  case  before  him,  and  in- 
form him ;  that  we  have  lived  here  three  Years  and  an  half,  that, 
when  we  settled  first  here,  we  found  ourselves  in  a  Wilderness,  but 
by  the  Industry  of  about  Sixty  dilligent  hands,  have  built  a  small 
Village,  consisting  of  24  log  houses,  besides  Stables  and  other  small 
Buildings.  That  we  have  cleared  Lands,  made  fences,  Gardens,  etc. 
that  We  therefore  cannot  think  otherwise,  than  that  We  ought  to 
have  Liberty  to  sell  our  Labour  (We  do  not  mean  to  sell  the  Lands) 
but  the  Labour  done  on  them)  and  that  we  therefore  beg  of  the 
Major  to  permit  Us  to  do  so,  as  we  shall  want  what  little  we  shall 
get,  to  help  Us  where  We  shall  settle  again.  Perhaps  the  next 
thing  then  would  be,  to  put  up  an  advertisement  that  People  might 
see,  that  not  only  the  Improvement  is  for  sale,  but  that  likewise  it 
is  by  permission  of  the  Comandant,  which  would  be  a  great  encour- 
agement to  the  buyer.  Mr.  Dolson  who  is  here  at  present,  and  the 
bearer  of  this  Letter,  has  a  notion  of  buying  it,  but  he  says  also,  he 
could  not  do  it  without  the  Majors  permission.  I  am  convinced  You 
will  Sir,  act  in  our  behalf  as  much  as  lies  in  Your  power,  and  if 
Y^'ou  have  any  proposals  to  make  to  Us,  concerning  the  matter,  such 
shall  be  readily  accepted,  in  the  meantime  I  am 
Dear  Sir 

Your  most  Obedient   • 
Humble  Serv't 

John  Heckerwelder. 
P.  S.     If  Y'ou  have    an  answer  to  send  to  me,  Mr.  Dolson  thinks 
he  will  have  an  Opportunity  of  forwarding  it  to  me  in  the  corse  of 
a  few  Days,  and  as  I  know  of  no  Indian  going  to  Detroit  for  the 
present,  You  will  greatly  oblige  me  in  sending  the  Letter  to  him. 

J.  H. 


396     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

Letter  of  John  Askin,  Jr.,  in  regard  to  the  making  of  the  Treaty^ 
of  Greenville. 

The  following  very  interesting  letter  or  Report  of  John  Askin 
Jr.,  to  Colonel  Richard  England,  then  British  Commandant  at  De- 
troit, has  never  before  been  published,  and  throws  a  strong  contem- 
poraneous side-light  on  the  situation  of  affairs  at  Detroit  at  that 
day. 

It  also  is  an  interesting  revelation  of  the  character  of  Major 
General  Anthony  Wayne. 

It  is  easy  to  read  between  the  lines  that  Askin  was  at  Green- 
ville to  prevent  the  signing  of  a  treaty.  General  Wayne  perceived 
this,  and  sent  him  to  Fort  Jefferson  until  the  treaty  was  signed.  The 
letter  is  from  the  manuscript  collection  of  C.  M.  Burton  of  Detroit, 
President  of  the  Michigan  Pioneer  and  Historical  Society. 

The  deeds  spoken  of  by  Askin  as  taken  away  from  him  and  not 
returned,  were  probably  deeds  which  he  had  obtained  from  certain 
Indian  chiefs,  of  large  tracts  of  land  in  Ohio,  and  which,  under  the 
legislation  of  Congress  and  treaties,  were  regarded  as  illegal,  and 
contrary  to  public  policy. 

Askin  Papers 

Vol.  3  pp.  36  &  37. 

Jn'o  Askin  Junr :  to  Colo  England  a 
report  of  his  Voyage  to  Fort  Greenville. 

Detroit  August  19th,  1795. 

Being  induced  both  from  duty  and  inclination,  I  take  the  liber- 
ty of  giving  you  an  account  of  my  Voyage  to  Fort  Greenville,  with 
what  came  to  my  knowledge  while  I  resided  there;  it  will  I  fear  be 
rather  long,  but  lest  the  parts  I  might  leave  out  would  be  those  you 
wished  to  be  acquainted  with,  I  have  thought  it  advisable  to  insert 
in  it  every  thing  that  appeared  to  me  any  way  material. 

It  is  as  follows : 

Several  Indian  Chiefs  of  the  Chippewa  and  Ottawa  Nation  with 
whom  I  was  well  acquainted  urged  me  much  to  accompany  them  to 
the  Council  at  Greenville,  assigning  for  their  reasons,  that  as  the 
business  They  were  going  on  was  of  great  importance  to  them  they 
stood  in  need  of  a  faithfull  Interpreter  and  friend. 

After  obtaining  my  Father's  concurrence,  I  left  this  on  the  2d 
July,  and  when  I  reached  Fort  Defiance  it  was  the  nth  by  this  time 
the  Indians  with  me  were  Twenty  Seven  in  number  also  a  Mr. 
Beaubien  and  a  Mr.  Bouflfet  who  had  joined  the  Indians  on  the 
route. 


MICHIGAN   AS  A   TERRITORY  397 

I  had  a  cool  reception  from  Major  Hunt  who  commands  there 
but  of  this  I  was  aware  before  my  departure,  Mr.  McDougal  having 
taken  the  lead  who  declared  he  would  make  known  to  the  Ameri- 
cans my  conduct  during  the  Troubles — from  this  first  Fort  I  was 
inclined  to  return,  but  Major  Hunt  finding  if  I  did  that  the  Indians 
would  follow  me,  insisted  on  my  proceeding. 

Blue  Jacket  an  Indian  Chief  who  had  been  sent  to  bring  for- 
ward Indians  to  Council,  joined  us  here  and  proceeded  with  us,  this 
night  being  the  14th,  Mr.  McDougal  overtook  us;  it  was  the  19th 
before  we  reached  Fort  Adams  the  20th  we  got  to  Fort  Recovery 
and  the  21st  to  Fort  Greenville,  Soon  after  our  arrival  a  Major  of 
Dragoons,  said  General  Wayne  wished  to  see  us,  we  proceeded  to 
the  Council  House  which  is  situated  in  the  Fort,  here  General  Wayne 
received  us  and  shook  hands  with  all  the  Indians.  Omissas,  a  Chip- 
pawa  Chief,  who  had  been  chosen  to  Speak  for  the  Ottawas,  Pat- 
tawattomies,  &  his  nation,  asked  me  for  a  few  Strings  of  Wampum 
he  had  given  me  in  charge  &  with  them  made  the  following  Speech. 
Brothers : 

We  the  Chippewas  looking  over  our  bundles  found  your  Strings 
of  Wampum  that  had  been  given  us  at  Muskingum  and  thought  it 
time  to  come  and  see  you  at  the  great  Council  Fire. 

General  Wayne  in  return  said : 

I  am  extremely  happy  to  see  you  and  more  so  to  hear  that 
you  brought  the  Strings  of  Wampum  gave  j'ou  at  Muskingum.  You, 
Omissas,  spoke  like  an  honest,  sensible,  and  good  hearted  man, 
and  I  take  you  again  by  the  hand  for  your  honesty. 

Omissas  to  General  Wayne : 

Brothers :  Should  any  one  say  that  they  advised  us  to  come 
to  this  Council  or  say  they  brought  us  to  this  place,  its  false,  we 
came  of  our  own  free  will  and  have  brought  this  English  man 
(meaning  me)  with  us  to  report  to  us  what  you  say  in  Council  and 
that  we  may  be  instructed  with  every  thing  that  will  be  said  to 
us  and  not  be  so  ignorant  of  this  Council  as  we  were  of  that  of 
Muskingum. 

Blue  Jackets  Speech  to  General  Wayne: 

Brothers :  I  am  extremely  sorry  that  I  have  not  been  able  to 
accomplish  what  I  wished  to  have  done  owing  to  the  number  of 
bad  birds  who  were  continually  whispering  in  my  Chawanees  Chiefs 
ears,  and  have  prevented  them  from  coming  sooner,  however  I  have 
a  bit  of  tobacco  from  them  and  they  sent  me  word  they  would 
come  immediately,  but  I  cannot  assure  you  they  will. 

General  Wayne's  answer : 


398      MICHIGy\N  AS  PROVINCE,  TERRITORY,  STATE 

Brothers:  I  am  sensible  of  the  great  Zeal  and  wish  you  have  to 
serve  the  States  and  that  you  have  done  all  in  your  pov^rer  for  them. 
I  am  w^ell  persauded  that  you  met  great  numbers  of  bad  Birds  who 
did  all  in  they  could  to  prevent  what  you  went  about. 

July  22 — No  Council. 

July  23 — As  I  was  going  to  the  Council  I  was  told  by  Mons'r 
Beaubien  not  to  go,  that  Centinel  would  Stop  me,  General's  aid  de 
Camp  told  him  so,  when  I  stopt  the  Indians  stop't  allso  &  said  they 
would  not  go  but  on  my  tellmg  them  it  was  all  the  same  they  could 
report  to  me  at  night  what  had  passed  they  proceeded. 

July  24 — The  Indians  gave  in  their  answer  this  day  with  a 
white  belt  of  Wampum  as  follows  : 

Brothers:  We  know  nothing  of  the  Six  Thousand  Dollars  said 
to  have  been  given  the  Indians  at  Muskingum,  but  as  for  the  Wian- 
dotts  They  perhaps  know  of  these  Dollars.  They  were  accustomed 
to  hord  up  all  they  got  on  these  occasions  &  never  let  others  know 
of  it.  The  Wiandotts  were  displeased  &  begged  leave  to  give  their 
answer  next  day. 

July  25 — This  day  General  Waj-ne  Explained  that  the  Six 
Thousand  Dollars  were  given  in  Goods.  Then  the  Chippawas  were 
satisfied  with  the  Wiandotts  and  said  it  was  true  they  had  received 
presents,  but  thought  they  were  given  them  for  having  buried  the 
Hatchet  and  not  for  Lands. 

July  26 — The  Miamis  spoke  and  said  their  Grand  Father  had 
given  them  these  Lands  and  they  were  told  not  to  sell  them  nor  give 
them  away  and  of  Course  the  Tribes  who  had  given  them  at  Musk- 
ingum had  no  right  to  them,  and  several  other  words  to  the  same 
purpose. 

July  2-] — The  Indians  were  allowed  to  Speak  among  themselves 

July  28 — I  wrote  to  General  Wayne  for  a  pass  to  return  home 
and  received  for  Answer  to  call  next  day. 

July  29 — Waited  on  General  Wayne,  he  delivered  me  a  letter 
from  Mrs.  Askin  which  he  had  opened  &  Shewed  me  another  ask- 
ing if  I  knew  the  hand  writing.  I  said  I  did  it  was  my  Fathers,  he 
then  proceeded  to  read  its  contents  to  me,  and  after  he  had  done 
reading,  he  said  he  looked  upon  me  as  a  Spy  &  that  I  deserved 
death.  I  told  him  that  I  knew  of  no  Spies  in  time  of  Peace,  he  said 
it  was  true,  but  he  still  had  the  power  of  sending  me  to  a  Fort  in 
"  the  Woods,  and  immediately  ordered  a  party  of  Light  Horse  to  take 
me  to  Fort  Jeflferson  he  likewise  ordered  my  papers  to  be  examined 
&  an  Officer  took  out  of  them  two  Indian  deeds  of  Land  given  me 
in  charge  by  Gentlemen  here  which  he  said  would  be  returned  but 
as  yet  have  not. 


MICHIGAN  AS  A  TERRITORY  399 

The  Commanding  Officer  at  Fort  Jefferson  had  orders  not  to 
let  me  speak  to  any  one,  but  in  his  presence,  nor  to  write  to  any  per- 
son Except  the  General,  To  do  him  justice  he  treated  me  with 
much  civility. 

July  30  and  31 — In  confinement. 

August  I — The  Indians  delivered  a  white  Belt  of  Wampum,  re- 
questing I  might  be  set  at  Liberty,  the  General  gave  for  answer  that 
I  should  in  Two  Days,  however,  the  2d,  3d,  4th,  5th,  6th  elapsed 
but  on  the  7th  the  General  wrote  me  a  note  saying  I  was  at  Lib- 
erty &  in  it  invited  me  to  dine  with  him,  on  the  8th  I  got  a  pass  and 
set  off  and  on  the  15th  arrived  here 

As  I  was  not  at  any  of  the  Councils  but  the  first  I  can  only 
Speak  from  the  reports  of  the  Indians  and  others  who  informed 
me  that  untill  I  was  some  days  in  Confinement  the  Indians  who 
went  out  with  me  would  neither  consent  to  ratify  the  Muskingum 
Treaty  nor  give  up  their  Claims  to  the  disposal  of  their  lands,  nor 
I  am  sure  ever  would  had  I  not  been  confined  and  deprived  of  giv- 
ing them  advice,  but  being  intimidated  by  the  threats  of  the  Gen- 
eral saying  he  would  drive  them  back  into  the  Sea  if  They  did  not 
acquiesce  in  his  demands  and  seeing  the  other  Nations  (from  fear 
and  persuation  of  some  of  our  Canadian  &  English  Friends)  Agree, 
They  at  last  did  the  same  prior  to  my  being  released. 

The  Treaty  so  far  as  I  could  learn  was,  that  They  confirmed 
the  Muskingum  Treaty  and  added  to  it  all  the  Lands  situated  on 
the  South  side  of  the  Miamis  river.  They  sold  six  miles  square  near 
where  Fort  Miamis  is  situated,  Twelve  miles  Square  at  and  about 
were  to  be  given  up  and  such  small  Spots  about  them  as  the  Eng- 
lish had  purchased,  &  They  should  have  that  matter  cleared  up, 
which  they  accordingly  did  next  day,  and  it  was  then  acknowledged 
to  them  that  our  government  had  not  given  over  their  Lands. 

It  was  hinted  at  my  Departure  that  very  soon  After  a  party  of 
Americans  were  to  come  by  Land  to  the  spott  purchased  up  the 
River  of  Raisin  &  take  Post  there,  likewise  at  Sandusky,  to  Build  a 
Fort. 

I  am  with  due  respect 
Sir, 
Your  Most  Obedient 

very  Humble  Servent, 
Colonel  England  [Jno.  Askin,  Jr.] 

24  Aug : 
Commandant  of 

Detroit  &  its  Dependencais. 
If-ao 


400     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

Action  of  the  State  of  Michigan  Relating  to  the  Removal  of 
THE  Remains  of  Governor  Stevens  T.  Mason  to  Detroit. 

JOURNAL  OF  THE  SENATE. 

MESSAGE  FROM  THE  GOVERNOR. 

The  following  message  from  the  Governor  was  received  and  read: 

Executive  Office, 
Lansing,  May  i8,  1905. 
To  the  President  of  the  Senate: 

Sir— I  desire  to  call  the  attention  of  the  Legislature  to  some 
correspondence  I  have  had  relating  to  the  removal  of  the  remains  of 
Governor  Stevens  T.  Mason.  It  is  the  wish  of  the  sister  and 
daughter  of  Governor  Mason  that  the  city  of  Detroit  be  made  the 
final  resting  place  of  their  distinguished  relative  and  I  submit  here- 
with a  copy  of  a  letter  I  addressed  to  Hon.  George  P.  Codd, 
Mayor  of  Detroit,  also  a  copy  of  his  reply,  together  with  a  copy  of 
the  Mayor's  message  to  the  Common  Council  and  the  resolution 
adopted. 
"Hon.  George  P.  Codd,  Mayor  of  Detroit,  Detroit,  Michigan   : 

Dear  Mr.  Codd— I  enclose  copies  of  letters  relating  to  the  re- 
moval of  the  remains  of  Governor  Stevens  T.  Mason  to  the  city  of 
Detroit.  I  have  thought  of  bringing  the  matter  to  the  attention  of 
the  Legislature,  but  deemed  it  best  to  communicate  with  you  before 
doing  so.  Should  the  city  of  Detroit  make  arrangements  for  the 
burial  place,  I  shall  send  a  message  to  the  Legislature  recommending 
the  removal  of  the  remains  of  Governor  Mason  by  the  State  of 
Michigan  to  the  city  of  Detroit. 

Such  action  would,  in  my  opinion  be  a  just  recognition  of  one 
whose  services  and  record  are  historical  in  the  early  annals  of  our 
State.  Very  respectfully 

Fred  M.  Warner 
Governor." 

I  would  recommend  that  the  Board  of  State  Auditors  be  au- 
thorized to  complete  arrangements  for  the  removal  of  the  remains 
from  the  present  burial  place  in  New  York  city  and  for  the  inter- 
ment of  the  remains  in  Detroit  and  if  this  action  is  taken  it  will 
be  necessary  to  provide  for  the  expense  incurred. 

Very  respectfully, 

Fred  M.  Warner 
Governor. 


MICHIGAN  AS  A  TERRITORY         4OI 

May  18,  1905.— By  unanimous  consent  Mr.  Smith  offered  the 
following  resolution : 

Senate  Resolution  No.  58. 

Whereas,  Stevens  Thomson  Mason,  the  fourth  Governor  of  the 
Territory  and  the  first  Governor  of  the  State  of  Michigan,  died 
outside  of  the  State,  and  his  remains  have  since  reposed  in  the 
vault  of  a  cemetery  now  near  the  center  of  the  city  of  New  York, 
which  is  about  to  be  destroyed ;  and 

Whereas,  Governor  Mason's  patriotic  services  to  the  State,  his 
tireless  energy  in  behalf  of  her  interests,  and  notably  his  great  ser- 
vices in  the  establishment  of  and  defending  the  interests  of  the 
now  great  University  of  Michigan  in  its  infancy,  and  in  projecting 
the  development  of  her  mineral  wealth,  and  the  maintenance  of  her 
integrity  are  inseparably  connected  with  the  history  of  the  State  of 
Michigan,  and  are  a  part  of  the  foundation  of  her  prosperity ;  and 

Whereas,  the  Common  Council  of  the  city  of  Detroit  has  tend- 
ered for  the  reception  of  the  remains  of  Governor  Mason  a  lot  in 
Capitol  Park,  the  site  of  the  old  capitol  building;  therefore 

Resolved  by  the  Senate  (the  House  of  Representatives  concur- 
nng).  That  the  Legislature  of  the  State  of  Michigan  deems  it  emi- 
nently fitting  that  the  mortal  remains  of  Governor  Mason  should 
rest  in  the  soil  of  the  State  he  loved  and  served  so  well;  and 

Resolved,  That  the  remains  of  Governor  Mason  be  brought  to 
Michigan  at  the  time  of  the  annual  session  of  the  Michigan  Pioneer 
and  Historical  Society,  June  7  and  8,  1905,  and  that  the  Governor  is 
hereby  authorized  to  appoint  three  Commissioners  to  arrange  for 
the  transfer  and  burial  of  the  remains ;  and  be  it  further 

Resolved,  That  representatives  of  the  family  of  former  Gover- 
nor Mason  be  invited  to  attend  the  ceremonies  and  that  committees 
from  the  Senate  and  House  of  Representatives  be  appointed  to  act 
with  a  committee  of  the  Common  Council  of  the  City  of  Detroit,  in 
preparing  suitable  ceremonies ;  and  be  it  further 

Resolved,  That  the  Board  of  State  Auditors  is  hereby  authorized 
to  audit  the  expenses  of  transferring  the  remains,  the  traveling 
expenses  of  the  members  of  Governor  Mason's  family  and  the  mem- 
bers of  the  commission. 

The  resolution  was  adopted. 


402      MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

THE  FIRST  ELECTION  AT  DETROIT,  JANUARY,  1799- 

The  following  letter  of  Peter  Audrain,  clerk  of  the  judges  of 
election  at  the  first  election  held  at  Detroit  in  1799,  recently  dis- 
covered among  the  manuscript  documents  in  the  Public  Library  at 
Detroit,  and  now  published  for  the  first  time,  sheds  a  strong  light 
upon  the  political  and  social  conditions  at  Detroit  in  the  last  year 
of  the  eighteenth  century,  being  the  fourth  year  of  American  occu- 
pancy. From  this  letter  it  would  appear.  First,  that  the  persons 
elected  to  the  first  general  assembly  of  the  Northwest  Territory 
from  Wayne  County,  were  Chabert  Joncaire  (or  Charles  Chabert 
de  Joncaire),  Jacob  Visgar,  (also  spelled  Visger)  and  Oliver  Wis- 
well. 

Second,  That  Chabert  at  first  declined  to  serve,  but  changed 
his  mind  and  actually  went  to  Cincinnati  and  served. 

Third,  That  Oliver  Wiswell  was  declared  duly  elected,  but  for 
some  reason  he  failed  to  qualify,  and  did  not  serve. 

From  "Burnets  notes"'  referred  to  in  the  text,  chapter  VII,  fol- 
lowed by  both  Campbell  and  Farmer  in  their  histories,  Solomon 
Sibley  did  qualify  and  serve  as  a  member  of  the  assembly,  but 
whether  chosen  at  a  special  election,  or  appointed  by  the  governor,  or 
otherwise,  we  have  not  been  able  to  ascertain.  But  he  was  not 
among  the  candidates,  and  was  not  voted  for  at  the  January  elec- 
tion. 

From  this  letter  it  may  also  be  inferred  that  James  May  (to 
whom  the  letter  is  addressed)  had  been  voted  for  and  claimed  to 
have  been  elected  at  the  election  in  1798,  under  the  first  proclamation 
of  Gov.  St.  Clair,  which  apportioned  Wayne  County  but  one  repre- 
sentative ;  and  that  he  was  then  absent  at  Cincinnati  to  claim  his 
election  under  that  proclamation  and  election,  and  it  would  seem, 
probable  that  the  judges  of  election  refused  to  receive  votes  for  him 
on  the  ground  that  his  claim  to  election  under  the  first  proclamation 
was  inconsistent  with  his  being  a  candidate  under  the  second,  which 
he  claimed  to  be  invalid.  The  issue  at  this  election  seems  to  have 
been  principally  between  the  Americans  and  the  Frenchmen,  as  it 
is  stated  that  shortly  before  the  close  of  the  election  McNiff,  one  of 
the  judges  of  election  came  out  and  advised  the  friends  of  Wiswell 
to  go  in  search  of  more  voters  as  "the  Frenchmen  were  ahead." 

The  letter  as  a  strictly  contemporaneous  account  of  the  first, 
and  for  many  years  the  only  election  in  what  now  constitutes  Michi- 
gan, it  is  a  valuable  historical  document.  The  writer,  Peter  Audrain, 
was  afterward  clerk  to  the  governor  and  judges  of  Michigan. 


MICHIGAN  AS  A  TERRITORY  4O3 

For  the  copy  of  the  letter  we  are  indebted  to  the  courtesy  of 
Henry  M.  Utley,  librarian  of  the  Detroit  Public  Library. 

Detroit,  14th  Jan'y,  1799- 
Dear  Sir : 

I  have  the  pleasure  to  inform  you  that  your  family  is  in  a  per- 
fect state  of  health,  and  Mrs.  May  tolerably  reconciled  to  her  situ- 
ation, as  a  temporary  widow.  Make  yourself  easy  on  her  account, 
as  she  shall  never  want  the  assistance  of  a  friend.  I  am  sorry  to 
have  to  inform  jou  that  your  brother  is  not  yet  returned.  We  have 
done  without  him  as  well  as  we  could.  Your  friends  have  received 
information  that  your  name  was  to  be  run  at  this  2d  election,  and 
your  opponents,  Chabert  and  Visgar,  have  been  alarmed,  and  used 
every  means  to  counteract  the  good  disposition  of  the  people  in 
your  favor.  The  candidates  mentioned  yesterday  were  yourself, 
Chabert,  Visgar,  Wiswell,  Louison  Beaufait  &  I.  Marie  Beaubien. 
This  morning  the  election  opened  at  11  o'clock  at  the  house  of  John 
Dodemead.  I  went  with  Messrs.  Beaufait  &  Voyez.  Before  the 
proclamation  was  made,  the  sheriff  called  in  a  private  room  Justices 
Ernest  and  McNiff  with  the  three  lawyers :  Messrs.  Brush,  Free- 
man and  Powers.  "Vattell  on  the  Laws  of  Nations"  was  sent  for 
and  brought  in  the  room.  After  the  consultation  was  ended,  the 
election  was  proclaimed  opened  and  Mr.  Beaufait  went  forward  to 
give  in  his  vote.  He  was  asked  who  he  wished  to  vote  for.  He 
answered,  "For  James  May  and  Louis  Beaufait,  his  son."  He  was 
told  that  he  could  not  vote  for  Mr.  May,  because  he  was  gone  to 
Cincinnati  to  contest  the  ist  election,  and  the  name  of  his  son  was 
entered  conditionally;  that  is,  that  unless  Mr.  Beaufait  came  and 
gave  his  vote  for  any  other  candidate  but  you,  the  name  of  his  son 
should  be  erased.  Mr.  Beaufait  said  he  would  consider,  and  left  the 
room,  apparently  very  much  hurt.  What  he  will  further  do  I  can- 
not tell,  but  hardly  presume  that  he  will  alter  his  mind.  Messrs. 
Voyez  &  Girardin  went  in  one  after  another  and  were  treated  in 
the  same  manner,  but  Mr.  Girardin  addressed  Justice  McNiff  and 
requested  a  certificate  of  their  refusal  in  writing;  that  was  denied 
both  by  Mr.  McNiff  and  the  sheriff  as  unnecessary.  At  i  o'clock 
the  election  was  adjourned  until  3.  The  names  of  voters  for  you 
and  refused  this  morning  are  Justices  Beaufait,  Voyez,  Girardin, 
Esqs.  Hugh  Callaghan,  Fillis  Labadie,  Francois  Chartier,  John 
Wright,  Jean  Battiste  Rocoutt,  Isidore  Pelletier,  Phillis  Pelletier, 
Battiste  Pelletier,  Meriche,  Labadie,  Dr.  Heberts. 

I   must   inform  you   that  the   inhabitants   of  River   Rouge   are 


404  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

united  to  vote  for  you  and  Mr.  Wi swell  and  have  sent  here  Joseph 
Cisna  as  their  agent  to  prepare  the  way.  Old  Cisna  has  been  with 
me  twice  and  is  amazingly  displeased  with  the  judges  and  the  sher- 
iff for  refusing  to  receive  votes  for  you.  He  is  gone  back  to  River 
Rouge  to  acquaint  his  friends  with  the  proceedings  of  the  day  and 
is  to  return  to-morrow  with  them.  The  election  is  to  be  closed  to- 
morrow at  4  o'clock  p.  m. 

***** 

I  am  so  surprised  at  the  decision  of  the  sheriff  and  the  judges 
of  the  election  (who  are  the  same,  with  the  two  same  clerks)  that 
I  am  determined  not  to  stir  out  at  all ;  nor  will  I  say  a  word  to  any- 
body ;  but  I  will  as  I  think  it  my  duty,  inform  the  governor  of  every 
particular  which  shall  come  to  my  knowledge  as  a  fact  known,  if 
the  proceedings  of  the  election  are  illegal  or  improper.  His  excel- 
lency will  soon  set  them  right.  Remember  what  I  have  often  told 
you,  that  the  governor  is  a  man  of  perfect  integrity  and  possessed 
of  the  most  extensive  knowledge ;  lay  grievances  before  him,  with 
proper  vouchers,  and  you  shall  have  immediate  justice.  You  now 
have  in  your  power  to  judge  for  yourself. 

Tuesday,  15th  Jan'y- 

The  sheriff  and  judges  of  election  met  again  yesterday  about 
3  o'clock  p.  m.  but  very  few  people  attended,  owing  to  the  rainy 
weather  which  has  prevailed  here  ever  since  Thursday  evening  last. 
The  following  electors  offered  their  votes  for  you  and  were  refused : 
Meriche,  Labadie  and  Dr.  Eberts. 

I  shall  continue  to  set  down  as  many  votes  as  shall  be  refused 
for  you  as  soon  as  I  get  knowledge  of  it.  Not  a  single  person  has 
yet  come  from  River  Raisin,  and  many  people  are  of  opinion  that 
the  road  is  impracticable  both  by  land  and  water.  We  had  a  light 
white  frost  last  night  and  this  morning  the  wind  blew  westerly.  We 
all  felt  for  you  since  the  rainy  weather  began  and  sincerely  wish  you 
safe  arrival  with  your  friends  and  companions. 

This  morning  the  election  was  opened  again  at  about  10  o'clock 
in  the  forenoon.  Mr.  Girardin  went  again  and  offered  to  vote  for 
you  a  second  time,  but  was  again  refused  by  the  sheriff  and  judges 
of  the  election.  He  examined  the  entry  of  yesterday  and  to  his 
great  surprise  found  that  the  name  he  had  given  with  yours  had 
not  been  entered.  He  says  he  spoke  his  mind  very  freely  to  the 
gentlemen  and  he  is  determined  to  write  to  the  governor  on  the 
subject.  Messrs.  Beaufait  and  Voyez  did  the  same.  They  afterward 
voted  for  Louison  Beaufait  and  Chabert. 

This  afternoon  the  inhabitants  of  River  Rouge  in  a  flock  voted 


MICHIGAN  AS  A  TERRITORY  4O5 

for  Mr.  Wiswell  and  I  believe  Chabert.  Capt.  Marsac  and  Capt. 
Rivard  came  also  with  their  people  with  full  determination  to  vote 
for  you,  but  being  informed  by  Justices  Beaufait  and  Voyez  that  all 
votes  offered  for  you  had  and  would  be  refused  they  all  voted  for 
Beaufait  and  Chabert.  A  great  number  of  your  friends  hearing  of 
what  had  passed  yesterday  did  not  come  at  all,  and  they  say  that 
they  will  complain  to  the  governor  whenever  he  comes  here.  In 
the  course  of  this  afternoon  the  judges  of  the  election  were  heard 
saying  that  Chabert  and  Beaufait  were  not  eligible  on  the  ground 
that  they  had  not  full  three  years  residence  in  the  district,  and  that 
Visgar  and  Wiswell  were  eligible.  As  to  Mr.  Wiswell  being  Amer- 
ican born,  I  have  nothing  to  say  about  his  being  eligible  in  point  of 
residence;  the  only  doubt  with  me  is  whether  he  is  qualified  as  to 
real  property  in  this  district;  I  know  of  none  and  none  is  recorded. 
As  to  Mr.  Visgar,  he  has  property,  but  he  stands  upon  a  par  with 
you  as  to  residence.  He  like  you  was  living  here  when  our  troops 
took  possession  of  this  country.  He  was  born  in  the  United  States, 
it  is  true,  but  Mr.  Abbott  informs  me  that  he  had  taken  the  oath 
of  allegience  to  the  king  of  Great  Britain. 

I  cannot  discover  upon  what  ground  the  sheriff  and  the  judges 
of  the  election  have  taken  upon  themselves  to  decide  that  your 
narie  cannot  be  run  at  this  second  election,  and  what  is  more,  to 
refuse  votes  when  offered  for  you.  My  humble  opinion  is  that  they 
have  no  such  right,  and  indeed  that  the  only  right  they  have  is  to 
judge  of  the  right  of  electors  to  give  their  votes,  and  for  this  plain 
reason  let  us  suppose  that  the  governor  should  have  directed  the 
sheriff  to  take  the  votes  by  ballot,  instead  of  viva  voce,  how  could 
the  sheriff  and  judges  of  election  know  who  were  the  candidates? 
Would  they  have  had  in  their  power  to  refuse  votes  for  you  ?  Cer- 
tainly not.  Now  is  it  to  be  presumed  that  they  are  vested  with  more 
power  in  one  case  than  in  the  other?  I  think  not,  and  I  conceive 
that  this  nicety  of  right  ought  to  be  and  is  to  be  referred  to  the  de- 
cision of  the  governor  or  of  the  general  assembly.  What  report 
they  shall  make  to  the  governor  it  is  impossible  for  me  to  say ;  but 
I  am  assured  that  if  the  whole  of  their  proceedings  is  fairly  and 
impartially  stated,  as  in  justice  it  ought  to  be,  the  governor  will  not 
be  satisfied.  When  his  excellency  ordered  that  verbal  votes  should 
be  taken  he  meant  to  guard  the  poor  ignorant  Canadians  against  de- 
ception and  insure  them  the  noble  privilege  of  freely  giving  their 
votes  for  whomever  they  should  prefer ;  and  that  act  of  benevolence 
is  sufficient  to  convince  any  open  mind  that  the  governor  will  and 
shall  administer  impartial  justice. 


406  MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

At  4  o'clock  the  election  was  closed,  but  I  am  informed  that 
about  half  an  hour  before  Justice  McNiff  came  out  of  the  room  and 
advised  the  friends  of  Wiswell  to  go  in  search  of  more  voters  for 
him  or  he  should  lose  the  election,  as  the  Frenchmen  were  ahead. 
Old  Cisna  went  about  and  brought  a  few  whose  names  we  shall 
find  at  the  bottom  of  the  list  of  voters.  It  appears  to  me  that  their 
wish  is  for  Wiswell  and  Visgar.  When  the  election  was  closed  they 
had  some  difficulty  in  determining  who  were  the  fortunate  candi- 
dates, and  for  this  reason,  that  sometime  previous  to  the  close  of  the 
election  Col.  Chabert  being  in  a  private  room  with  some  gentlemen 
he  was  told  that  it  was  in  vain  his  name  was  run,  because  he  was 
not  eligible  as  not  having  full  three  years  residence.  Chabert  tak- 
ing it  for  granted  it  was  so,  and  knowing  also  that  it  was  the  opin- 
ion of  the  judges  of  the  election,  he  went  to  the  room  of  election 
and  declared  that  he  would  not  contend  any  longer  and  would  not 
serve.  Minutes  of  this  declaration  were  taken  by  the  judges.  It  is 
reported  that  Wiswell  sent  this  morning  a  note  to  the  judges  inform- 
ing them  that  he  declined  being  a  candidate.  We  shall  see  whether 
notes  are  taken  by  the  judges.  I  shall  inquire  of  the  difficulties  at 
the  close  of  the  election,  and  of  what  was  said  and  done.  The  in- 
formation I  have  now  is  so  imperfect  that  I  cannot  trust  to  it. 
Bon  soir. 

Wednesday  i6th. 

t  now  set  down  to  give  you  an  account  of  the  proceedings  at 
the  closing  of  the  election.  The  candidates  proclaimed  to  be  high- 
est in  number  are  Wiswell  and  Visgar,  as  Col.  Chabert  has  declined, 
and  is  not  eligible,  not  having  three  years  residence  in  the  county. 
Visgar  and  Wiswell  were  there  present  and  Visgar  told  the  judges 
and  sheriff  that  he  would  not  go  with  Wiswell.  He  then  asked  them 
which  candidate  was  highest  in  number  of  votes.  They  answered 
him  that  it  was  Col.  Chabert.  Visgar  said  he  was  willing  to  go  with 
Col.  Chabert.  They  then  sent  for  Col.  Chabert  who  was  in  an  ad- 
joining room  and  asked  him  whether  he  was  willing  to  go  with  Vis- 
gar. He  answered  yes.  Col.  Chabert  demanded  then  a  certificate 
of  his  election  and  they  answered  him  that  they  could  not  give  it. 
They  called  for  wine  and  thus  the  business  ended.  Previous  to  that 
Christian  Clemens,  a  friend  of  Wiswell,  asked  the  sheriff  and  judges 
why  the  name  of  Wiswell  was  left  behind,  being  reported  to  be  equal 
in  number  of  votes  to  Visgar.  The  answer  was  that  Visgar  is  an 
older  resident  than  Wiswell.  Some  of  the  friends  of  Louis  Beaufait, 
Jr.,  asked  what  number  of  votes  he  had,  but  could  get  no  answer. 

I  have  been  this  morning  informed  that  McNiflf  came  four  times 


MICHIGAN  AS  A  TERRITORY         407 

to  the  street  door  and  earnestly  recommended  to  the  friends  of 
Wiswell  to  exert  every  nerve  in  their  power  to  get  more  voters  for 
him;  whereupon  old  Cisna  and  Christian  Clemens  offered  one  hun- 
dred dollars  for  ten  votes  to  several  bystanders;  this  fact  can  be 
proved  on  oath. 

Thursday,  17th. 
Col.  Chabert  has  paid  me  a  visit  and  informed  me  that  his 
friends  insist  upon  his  going  to  Cincinnati.  He  seems  determined 
to  go  and  I  have  reason  to  believe  that  his  friends  are  taking  the 
necessary  measures  to  bear  his  expenses  and  they  intend  to  address 
the  governor  on  his  account.  I  have  been  told  that  Askin  and  Mel- 
drum  have  offered  to  advance  the  cash  to  be  returned  if  he  is  ad- 
mitted to  his  seat  in  the  general  assembly.  Mr.  Brush  told  me  that 
Wiswell  would  not  go  to  Cincinnati  if  Col.  Chabert  went;  others 
say  that  he  will  go  and  leave  this  place  on  Saturday  next. 
***** 

Col.  Chabert  will  leave  this  Monday  or  Tuesday.  If  anything 
new  occurs  against  his  departure  worth  mentioning  you  shall  have  it. 

I  presume  the  sheriff  is  busy  in  writing  to  the  governor  and 
preparing  his  return ;  have  not  seen  him  since  Monday  last  at  the 
opening  of  the  election.  Indeed  I  have  not  been  out  since,  except 
once  or  twice  at  your  house,  or  across  the  street  with  my  old  friend 
Abbott.    The  old  gentleman  is  better  than  I  have  seen  him  in  a  long 

time. 

***** 

No  news  yet  of  Wittmore  Knags.  Col.  Hamtramck  has  not  yet 
arrived. 

Friday  i8th. 

This  day  the  British  are  celebrating,  in  the  house  of  Mr.  Roe, 
the  queen's  birthday.     I  can  hear  the  noise  of  the  drum  as  the  wind 

blows  from  that  shore. 

***** 

Saturday  19th. 
At  3  o'clock  this  afternoon  the  sheriff  bro't  &  delivered  me 
the  original  lists  of  voters,  a  copy  of  which  I  enclose  you.  I  have 
not  been  able  as  yet  to  learn  whether  Wiswell  goes  to  Cincinnati  or 
no,  to  contest  the  election.  Col.  Chabert  is  fully  determined  to  pro- 
ceed on. 

***** 

Adieu.     I  have  been  very  unwell  this  four  days  past.     I  can 
hardly  sit,  owing  to  a  violent  headache.    May  you  have  your  health 
and  meet  with  success  in  your  undertaking  is  the  sincere  wish  of 
your  humble  serv't  &  sincere  friend 

Peter  Audrain 
James  May,  Esq'r,  Cincinnati. 


408     MICHIGAN  AS  PROVINCE,  TERRITORY,  STATE 

LIST  OF  WORKS  CITED  OR  CONSULTED  IN   PREPARA- 
TION OF  THIS  VOLUME. 


Title  by  which  cited. 
Annals. 

Debates. 

Am.  St.  Papers. 

Wharton. 

Mich.  Pioneer  Coll. 
Hinsdale. 

King. 

Ryan. 
Campbell. 

Cooley. 

Moore. 

Sheldon. 
Cutler. 

Poole. 

Merriam. 

Hildreth. 

Lossing. 

Drake. 


Publication. 

Annals  of  Congress.     Public  Document. 
Congressional  Library. 

Debates  of  Congress.     Public  Document. 
Congressional  Library. 

American  State  Papers.  Official  Documents. 
Congressional  Library. 

Diplomatic  Correspondence  of  the  American 
Revolution,  compiled  by  Francis  Wharton. 
Official  Public  Document.  Miss.  Doc.  50th 
Congress. 

Michigan  Pioneer  and  Historical  Collections, 
published  by  the  State  of  Michigan. 

"The  Old  Northwest,"  by  A.  B.  Hinsdale, 
LL.D.,  Michigan  University. 

"Ohio"  by  Rufus  King,  Commonwealth  series. 

"History  of  Ohio"  by  Ryan. 

"Outlines  of  the  Political  History  of  Michi- 
gan," by  James  V.  Campbell  of  the  Su- 
preme Court  of  Michigan. 

"Michigan,"  by  Chief  Justice  Thomas  M. 
Cooley  of  the  Supreme  Court  of  Michigan. 

"The  Northwest  under  Three  Flags,"  by 
Charles  Moore,  Ph.  D.,  Harper  Bros.  Co. 

Early  History  of  Michigan,  by  Mrs.  Sheldon. 

Diaries  and  Correspondence  of  Manasseh  Cut- 
ler, relative  to  Ordinance  of  1787. 

The  Ordinance  of  1787,  by  Wm.  F.  Poole, 
LL.  D.,  Librarian  Newberry,  Library  Chi- 
cago. 

"The  Legislative  history  of  the  Ordinance  of 
1787,"  by  John  M.  Merriam,  A.  M.,  Pub. 
Am.  Antiquarian  Society. 

History  of  the  United  States,  by  Richard  Hil- 
dreth, Harper  Bros.,  1880. 

"Field  Book  of  the  War  of  1812,"  by  Benson 
J.  Lossing. 

Life  of  Tecumseh  and  His  Brother,  by  Benja- 
jamin  Drake,  Cin.,  1855. 


MICHIGAN  AS  A  TERRITORY 


409 


Jackson.  Life  of  Wm.    Henry    Harrison,    by    Jackson, 

1840. 

Hatch.  A  chapter  from  the  "History  of  the  War  of 

1812,"   by   Wm.    Stanley    Hatch,    a    mono- 
graph.    Cincinnati,  1872. 

Cass.  Address  before  the  Michigan  Historical  Socie- 

ty, Lewis  Cass,  1830. 
Historical   Sketches,  Detroit,   1834. 

SchoolcrafL  Address  before  the  Michigan  Historical  Socie- 

ty, Henry  R.  Schoolcraft. 
Historical  Sketches,  Detroit,   1834. 

Poole.  "The  Early  Northwest,"  by  W.  F.  Poole,  LL. 

D.,  add  before  Am.  Hist.  Asn.  Dec.  26,  '88. 

McLaughlin.  Life  of  Lewis  Cass,  by  Prof.  A.  C.  McLaugh- 

lin, University  of  Michigan. 

Woodbridge.  Woodbridge  Papers,  Mich.  Pioneer,  Coll.  Vol. 

32. 

Biddle.  Address     by  Hon.    John    Biddle,    "Historical 

Sketches,"  1834. 

Whiting.  Address  by  Colonel  Henry  Whiting,  Historical 

Sketches,   1834. 

Darby.  "Darby's  Tour,"  1818,  William  Darby. 

Martineau.  "Society     in     America,"     Harriet     Martineau, 

1836. 

Burton.  "LaSalle  and  the   Griffon,"  Monograph  by  C. 

M.  Burton,  1902. 

Roberts.  "Detroit  a  Hundred  Years  Ago,"  by  Robert  E. 

Roberts,  Detroit,  1873. 

Lang.  "History  of  Seneca  County,  Ohio,"  by  William 

Lang. 

Appeal.  Appeal  of  the  Constitutional  Convention,  1835, 

to  the  People  of  the  United  States,  1835. 

Brock.  Life  of  General  Sir  Isaac  Brock,  Tupper. 


UC  SUUTHtHN  KUilUNAL  LIBRARY  I  ACILIIY 


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